Triggs-Gomez v. United States Of America
Plaintiff: Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased, Khadija Triggs-Gomez and Khadijah Triggs-Gomez
Defendant: United States Of America
Case Number: 1:2018cv06401
Filed: July 16, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: NewYork
Presiding Judge: Lewis A Kaplan
Referring Judge: Barbara C Moses
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2674
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2019 Opinion or Order Filing 39 COMPROMISE ORDER granting #37 MOTION for Settlement and Compromise. NOW IT IS,ORDERED, that the Plaintiffs application for leave to compromise and settle the causes of action for wrongful death and conscious pain and suffering of Anthony Gomez, deceased, by accepting the sum of $100,000.00 from the United States of America is granted it is further ORDERED, that the Cochran Firm Paul B. Weitz & Associates, P.C. shall disburse the settlement sum of $100,000.00, as follows: To: The Cochran Firm Paul B. Weitz & Associates, P.C., as and for attorneys' disbursements: $5,982.50, To: The Cochran Firm Paul B. Weitz & Associates, P.C., as and for attorneys' fees: $23,504.38, To: KHADIJAH TRIGGS-GOMEZ, as and for reimbursement for paid funeral expenses: $35,526.25, To: KHADIJAH TRIGGS-GOMEZ, as and for her pecuniary loss equal to 75.29%: $l3,170.80, To: ELIAS EWAN, as and for his pecuniary loss equal to 13.64%: $2,386.10, To: RASHEED AH GOMEZ, as and for her pecuniary loss equal to 11.07%: $1,936.53, To: KHADIJAH TRIGGS-GOMEZ, as and for her intestate share, pursuant to EPTL 4-1.1: $17,493.44, and it is further ORDERED, ADJUDGED AND DECREED that the giving of a bond or other security in connection herewith be dispensed with. The Clerk shall terminate DI 37. (Signed by Judge Lewis A. Kaplan on 10/10/2019) (jca)
October 3, 2019 Filing 38 RESPONSE to Motion re: #37 MOTION for Settlement and Compromise. . Document filed by United States Of America. (Levine, Danielle)
September 9, 2019 Filing 37 MOTION for Settlement and Compromise. Document filed by Khadijah Triggs-Gomez. (Attachments: #1 Text of Proposed Order Proposed Compromise Order, #2 Affidavit Plaintiff's Petition/Affidavit, #3 Affidavit Attorney's Affirmation, #4 Exhibit Death Certificate, #5 Exhibit Letters of Administration, #6 Exhibit Retainer Agreement, #7 Exhibit Summons and Complaint, #8 Exhibit Disbursements, #9 Exhibit Paid Funeral Bill, #10 Exhibit Period Life Table, #11 Affidavit Affidavit of Service)(Fischbein, Michael)
September 5, 2019 Opinion or Order Filing 36 STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and the United States, that Plaintiffs' claims against the United States in the above-captioned action (the "Action") shal1 be settled and compromised on the following terms and conditions: 1. The Action is hereby dismissed with prejudice as to the United States, without interest, costs, expenses, disbursements, or fees to any party, except as specified in paragraph 3 of this Stipulation and Order of Settlement and Dismissal (the "Stipulation"). (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/5/2019) (jca)
August 26, 2019 Filing 35 PROPOSED STIPULATION AND ORDER. Document filed by United States Of America. (Levine, Danielle)
July 22, 2019 Opinion or Order Filing 34 ORDER: Magistrate Judge Moses has informed chambers that this case has been settled. Accordingly, the case is dismissed with prejudice and without costs subject to right to reinstate by serving and filing a notice to that effect on or before, September 16, 2019, if the settlement is not executed by then. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/18/2019) (ama)
June 26, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 6/26/2019. (Snell, Kevin)
June 7, 2019 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The deadline for fact discovery is extended to June 27, 2019. Additionally, the HHS representative may appear by telephone at the settlement conference on June 26, 2019. (Signed by Magistrate Judge Barbara C. Moses on 6/7/2019) (jwh) Modified on 6/7/2019 (anc). (Main Document 33 replaced on 6/7/2019) (anc).
June 7, 2019 Set/Reset Deadlines: Fact Discovery due by 6/27/2019. (jwh)
June 5, 2019 Filing 32 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Danielle J. Levine dated June 5, 2019. Document filed by United States Of America.(Levine, Danielle)
May 2, 2019 Opinion or Order Filing 31 REVISED SCHEDULING ORDER granting #30 Letter Motion for Extension of Time to Complete Discovery. All remaining fact discovery, including depositions, shall be completed no later than June 7, 2019. Depositions of experts shall be completed no later than November 8, 2019. All discovery must be completed no later than November 8, 2019. At the request of the parties, the settlement conference scheduled for May 21, 2019, before Judge Moses is adjourned to June 26, 2019, at 2:15 p.m. The parties have stated that the anticipated length of trial is 5 days. No party has requested a jury trial. The Clerk is respectfully directed to close the motion at Dkt. No. 30. (As further set forth in this Order.) Deposition due by 11/8/2019. Discovery due by 11/8/2019. (Signed by Magistrate Judge Barbara C. Moses on 5/2/2019) (cf)
May 2, 2019 Set/Reset Deadlines: (Fact Discovery due by 6/7/2019.), Set/Reset Hearings: (Settlement Conference set for 6/26/2019 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (cf)
May 1, 2019 Filing 30 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Danielle J. Levine dated May 1, 2019. Document filed by United States Of America. (Attachments: #1 Text of Proposed Order)(Levine, Danielle)
April 17, 2019 Opinion or Order Filing 29 PRIVACY ACT PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Barbara C. Moses on 4/17/2019) (cf)
April 16, 2019 Filing 28 PROPOSED PROTECTIVE ORDER. Document filed by United States Of America. (Levine, Danielle)
February 13, 2019 Opinion or Order Filing 27 ORDER RESCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on May 21, 2019 at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) (Settlement Conference set for 5/21/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/13/2019) (cf)
February 13, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 2/13/2019. (Snell, Kevin)
February 12, 2019 Opinion or Order Filing 26 ORDER The telephonic status conference previously set for Tuesday, February 12, 2019 at 9:30 a.m. is ADJOURNED to Wednesday, February 13, 2019 at 11:00 a.m. The parties are directed to call chambers at (212) 805-0228 a few minutes before 11:00 a.m. with all counsel on one telephone line. (Signed by Magistrate Judge Barbara C. Moses on 2/12/19) (Peacocke, Alexander)
January 31, 2019 Opinion or Order Filing 25 ORDER: In light of the recently-ended government shutdown, the status conference previously scheduled for January 15, 2019 is RESCHEDULED to February 12, 2019 at 9:30 a.m., and will take place telephonically. Counsel are directed to call chambers at (212) 805-0228 a few minutes before 9:30 a.m. with all counsel on one telephone line. Additionally, at the request of the parties, the settlement conference previously scheduled for February 13, 2019 is ADJOURNED sine die. (As further set forth in this Order.) (Status Conference set for 2/12/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/31/2019) (cf) Modified on 2/12/2019 (mro).
January 31, 2019 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #23 Letter filed by United States Of America. ENDORSEMENT: Application GRANTED. The parties are to proceed with discovery on this schedule. A separate order will issue rescheduling thestatus and settlement conferences. (Deposition due by 10/4/2019., Discovery due by 10/4/2019., Fact Discovery due by 5/3/2019.) (Signed by Magistrate Judge Barbara C. Moses on 1/31/2019) (cf)
January 31, 2019 Filing 23 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Danielle J. Levine dated January 31, 2019 re: Status of Discovery and Proposed Schedule. Document filed by United States Of America.(Levine, Danielle)
January 4, 2019 Opinion or Order Filing 22 ORDER Pursuant to Standing Order M10-468 (Dkt. No. 21), this action is stayed until funding to the Department of Justice is restored. Accordingly, the status conference set for January 15, 2019 is ADJOURNED sine die. Within one week of the restoration of funding to the Department of Justice, the parties shall submit a joint status letter, updating the Court on the progress of discovery and including a proposed schedule governing the remainder of this action. (Signed by Magistrate Judge Barbara C. Moses on 1/4/19) (Peacocke, Alexander)
December 27, 2018 Opinion or Order Filing 21 STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro)
October 23, 2018 Opinion or Order Filing 20 INITIAL CASE MANAGEMENT ORDER: Plaintiff may amend her complaint no later than November 23, 2018. Thereafter, the parties shall not amend their pleadings, or join additional parties, absent leave of the Court. All remaining fact discovery, including depositions, shall be completed no later than February 3, 2019. Depositions of experts shall be completed no later than June 14, 2019. All discovery must be completed no later than June 14, 2019. Judge Moses will conduct a status conference on January 15, 2019. At the request of the parties, a settlement conference is scheduled before Judge Moses on February 13, 2019 at 2:15 p.m. The parties have stated that the anticipated length of trial is 5 days. No party has requested a jury trial. (As further set forth in this Order.) Amended Pleadings due by 11/23/2018. Joinder of Parties due by 11/23/2018. Deposition due by 6/14/2019. Fact Discovery due by 2/3/2019. Discovery due by 6/14/2019. Settlement Conference set for 2/13/2019 at 02:15 PM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 10/23/2018) (cf)
October 23, 2018 Opinion or Order Filing 19 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference is scheduled before Magistrate Judge Barbara Moses on February 13, 2019 at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. So Ordered. (Settlement Conference set for 2/13/2019 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/23/18) (yv)
October 23, 2018 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Pretrial Conference held on 10/23/2018. (Snell, Kevin)
October 22, 2018 Filing 18 NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Of America. (Levine, Danielle)
October 17, 2018 Filing 17 ANSWER to #7 Complaint. Document filed by United States Of America.(Simon, Jennifer)
October 16, 2018 Filing 16 JOINT PRE-CONFERENCE STATEMENT . Document filed by United States Of America.(Simon, Jennifer)
August 29, 2018 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Extension of Time: Application GRANTED. Defendant's time to answer or otherwise respond to the complaint is EXTENDED to October 17, 2018. The Initial Case Management Conference currently scheduled for September 17, 2018, is ADJOURNED to October 23, 2018 at 10:30 a.m. All remaining provisions of the Court's prior order scheduling the Initial Case Management Conference (Dkt. No. 12) shall remain in effect. (Signed by Magistrate Judge Barbara C. Moses on 8/29/2018) (jwh)
August 29, 2018 Set/Reset Deadlines: United States Of America answer due 10/17/2018. Set/Reset Hearings: Initial Conference set for 10/23/2018 at 10:30 AM before Magistrate Judge Barbara C. Moses. (jwh)
August 29, 2018 Filing 14 CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Jennifer C. Simon dated August 29, 2018. Document filed by United States Of America.(Simon, Jennifer)
August 2, 2018 Filing 13 AFFIDAVIT OF SERVICE of Order Scheduling Initial Case Management Conference served on United States of America on 8/1/2018. Service was accepted by Haojun Li; Civil Clerk. Document filed by Khadijah Triggs-Gomez, Khadija Triggs-Gomez. (Fischbein, Michael)
July 27, 2018 Opinion or Order Filing 12 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 9/17/2018 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/27/2018) (cf)
July 26, 2018 Opinion or Order Filing 11 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Lewis A. Kaplan on 7/24/2018) (cf)
July 19, 2018 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. Service was made by Certified Mail Return Receipt Requested. Document filed by Khadija Triggs-Gomez, Khadijah Triggs-Gomez. (Fischbein, Michael)
July 19, 2018 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Of America served on 7/19/2018, answer due 9/17/2018. Service was accepted by Haojun Li, Civil Clerk. Document filed by Khadija Triggs-Gomez; Khadijah Triggs-Gomez. (Fischbein, Michael)
July 17, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to United States Of America. (pne)
July 17, 2018 Filing 7 COMPLAINT against United States Of America. Document filed by Khadijah Triggs-Gomez, as Administrator of the Estate of Anthony Gomez, deceased, Khadija Triggs-Gomez.(Fischbein, Michael)
July 17, 2018 Case Designated ECF. (pne)
July 17, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
July 17, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Adam Fischbein. The party information for the following party has been modified: Khadijah Triggs-Gomez. The information for the party has been modified for the following reasons: party name contained a typographical error; party text was omitted. (pne)
July 17, 2018 Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
July 17, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Adam Fischbein to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Khadija Triggs-Gomez must be added to CM ECF a second time, with party text "as Administrator of the Estate of Anthony Gomez, deceased"; all filers were not selected for the pleading. To add the new party, docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
July 17, 2018 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Khadija Triggs-Gomez, Khadijah Triggs-Gomez, as Administrator of the Estate of Anthony Gomez, deceased added. Party added pursuant to #1 Complaint,.Document filed by Khadija Triggs-Gomez, Khadijah Triggs-Gomez, as Administrator of the Estate of Anthony Gomez, deceased. Related document: #1 Complaint,.(Fischbein, Michael)
July 16, 2018 Filing 6 NOTICE OF APPEARANCE by Steven Gold on behalf of Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased. (Gold, Steven)
July 16, 2018 Filing 5 NOTICE OF APPEARANCE by Jason Mitchel Kaufer on behalf of Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased. (Kaufer, Jason)
July 16, 2018 Filing 4 NOTICE OF APPEARANCE by Paul B. Weitz on behalf of Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased. (Weitz, Paul)
July 16, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint. Document filed by Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased. (Fischbein, Michael)
July 16, 2018 Filing 2 CIVIL COVER SHEET filed. (Fischbein, Michael)
July 16, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against United States Of America. (Filing Fee $ 400.00, Receipt Number 0208-15325345)Document filed by Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased.(Fischbein, Michael) Modified on 7/17/2018 (pne).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Triggs-Gomez v. United States Of America
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States Of America
Represented By: Jennifer C. Simon
Represented By: Danielle Judith Levine
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Khadija Triggs-Gomez, individually and as Administrator of the Estate of Anthony Gomez, deceased
Represented By: Paul B. Weitz
Represented By: Jason Mitchel Kaufer
Represented By: Steven Gold
Represented By: Michael Adam Fischbein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Khadija Triggs-Gomez
Represented By: Paul B. Weitz
Represented By: Jason Mitchel Kaufer
Represented By: Steven Gold
Represented By: Michael Adam Fischbein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Khadijah Triggs-Gomez
Represented By: Michael Adam Fischbein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?