Thomas v. USA
Case Number: 4:2006cv00031
Filed: April 12, 2006
Court: US District Court for the District of North Dakota
Office: Northwestern Office
Presiding Judge: Daniel L. Hovland
Presiding Judge: Charles S. Miller
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2674 Federal Tort Claims Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 17, 2007. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2007 Filing 36 CLERK'S JUDGMENT. Case is dismissed with prejudice and without costs to either party. (rm)
July 17, 2007 Opinion or Order Filing 35 ORDER by Judge Daniel L. Hovland ADOPTING 34 Stipulation of Dismissal filed by USA.(LR)
July 17, 2007 Hearings terminated. Final Pretrial TeleConference set for 8/13/07 is CANCELLED. Bench Trial set for 8/27/07 in Minot is CANCELLED. Distributed. (rm)
July 16, 2007 Filing 34 STIPULATION of Dismissal with attached Certificate of Service by USA. (Peterson, David)
June 5, 2007 Hearing terminated. Settlement Conference set for 6/7/07 in Minot is CANCELLED. Distributed. (rm)
December 13, 2006 Opinion or Order Filing 33 ORDER by Judge Daniel L. Hovland denying 24 Motion for Summary Judgment. (KK)
November 30, 2006 Filing 32 AFFIDAVIT of Counsel re 30 Response to Motion by Bernard Thomas. (Soderstrom, Reed)
November 30, 2006 Filing 31 STATEMENT of Material Fact re 30 Response to Motion filed by Bernard Thomas. (Soderstrom, Reed)
November 30, 2006 Filing 30 RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Bernard Thomas. (Attachments: # 1 Exhibit A-October 20, 2006 to USA# 2 Exhibit B-Dr. Joshi's Report# 3 Exhibit C-Dr. Joshi's Affidavit)(Soderstrom, Reed) Modified on 12/1/2006 to correct docket text for exhibit A and C (rm).
November 30, 2006 (DOCUMENT DELETED - FILED WITH WRONG ECF CODE) AFFIDAVIT of Reed A. Soderstrom in Support re 24 MOTION for Summary Judgment filed by Bernard Thomas. (Soderstrom, Reed) Modified on 11/30/2006 to delete document because it was filed with the wrong ECF event code (rm).
November 30, 2006 DOCKET ANNOTATION. The document at entry 31 was deleted per call from plaintiff's attorney because the wrong ECF code was used to file the document. The document will be re-filed with the correct event code. (rm) Modified on 12/1/2006 to indicate document number 31 has been reused and now contains the document Statement of Material Fact (rm).
November 15, 2006 Opinion or Order Filing 29 ORDER by Judge Daniel L. Hovland granting 28 Motion for Extension of Time to File Response/Reply re 24 MOTION for Summary Judgment. Response due by 12/4/2006. (KK)
November 13, 2006 Filing 28 MOTION for Extension of Time to File Response/Reply by Bernard Thomas. (Attachments: # 1 Stipulation)(Soderstrom, Reed)
October 19, 2006 Filing 27 CERTIFICATE OF SERVICE by USA re 24 MOTION for Summary Judgment, 26 Statement of Material Fact, 25 MEMORANDUM in Support, (Peterson, David)
October 19, 2006 Filing 26 STATEMENT of Material Fact re 24 MOTION for Summary Judgment filed by USA. (Peterson, David)
October 19, 2006 Filing 25 MEMORANDUM in Support re 24 MOTION for Summary Judgment filed by USA. (Attachments: # 1 Exhibit 1 Claim for Damage, Injury, or Death# 2 Exhibit 2 Plaintiff's Rule 26 Initial Disclosure# 3 Exhibit 3 E.R. Record# 4 Exhibit 4 Medical Record (4/21/99)# 5 Exhibit 5 Medical Record (8/18/99))(Peterson, David) Modified on 10/20/2006 to add exhibit numbers (ks).
October 19, 2006 Filing 24 MOTION for Summary Judgment by USA. (Peterson, David)
August 18, 2006 Filing 23 ANSWER to Amended Complaint by USA.(Peterson, David)
August 11, 2006 Filing 22 AMENDED COMPLAINT against USA, filed by Bernard Thomas.(Soderstrom, Reed)
August 7, 2006 Opinion or Order Filing 21 ORDER by Judge Charles S. Miller Jr. granting 18 Motion to Amend/Correct and directing plaintiff to file an amended complaint with corrected caption. (BG)
August 3, 2006 Filing 20 RESPONSE to Motion re 18 MOTION to Amend/Correct 1 Complaint, filed by Department of Health and Human Services, Aberdeen Area Indian Health Services, Quentin N. Burdick Memorial Healthcare Facility, Linda Gourneau, Jane Roe, John Doe. (Peterson, David)
July 20, 2006 Filing 19 MEMORANDUM in Support re 18 MOTION to Amend/Correct 1 Complaint, filed by Bernard Thomas. (Soderstrom, Reed)
July 20, 2006 Filing 18 MOTION to Amend/Correct 1 Complaint, by Bernard Thomas. (Attachments: # 1 Proprosed Amended Complaint)(Soderstrom, Reed)
July 7, 2006 Filing 17 NOTICE of Hearing: Bench Trial set for 8/27/2007 09:00 AM in Minot Courtroom before Chief Judge Daniel L. Hovland. (4 Days)(de) (Distributed)
July 6, 2006 Opinion or Order Filing 16 SCHEDULING/DISCOVERY PLAN ORDER: Amended Pleadings due by 2/1/2007. Discovery due by 4/15/2007. Expert Witness List due by 5/15/2007. Joinder of Parties due by 2/1/2007. Other Non-Dispositive Motions due by 2/1/07. Dispositive Motions due by 6/1/2007. by Judge Charles S. Miller Jr. Distributed on 7/6/06. (rm)
July 6, 2006 Opinion or Order Filing 15 ORDER Setting Settlement Conference for 6/7/2007 at 10:00 AM in Minot Courtroom before Magistrate Judge Charles S. Miller Jr. Signed by Judge Charles S. Miller Jr. (RB) Distributed on 7/6/2006 (rm).
July 6, 2006 Opinion or Order Filing 14 ORDER Setting Final Pretrial Conference for 8/13/2007 at 10:00 AM before Magistrate Judge Charles S. Miller Jr. via teleconference. Signed by Judge Charles S. Miller Jr. (Attachments: # 1Sample Exhibit List # 2Sample Pretrial Statement)(RB) Distributed on 7/6/2006 (rm).
June 1, 2006 Opinion or Order Filing 13 ORDER Setting Scheduling Conference for 7/6/2006 at 09:30 AM via teleconference before Magistrate Judge Charles S. Miller Jr. Signed by Judge Charles S. Miller Jr. (RB) Attachment# 1 Sample Scheduling/Discovery Plan added & Distributed on 6/1/2006 (rm).
May 31, 2006 Filing 12 ANSWER to Complaint by Department of Health and Human Services, Aberdeen Area Indian Health Services, Quentin N. Burdick Memorial Healthcare Facility.(Peterson, David)
May 25, 2006 Filing 11 CLERK'S AMENDED JUDGMENT in favor of Defendant Gourneau against Plaintiff. Court grants Defendant Linda Gourneau's Motion to Dismiss with prejudice. (Case re-opened) (de) Distributed on 5/25/06 (de).
May 24, 2006 Filing 10 CLERK'S JUDGMENT pursuant to Order Granting Defendant Gourneau's Motion to Dismiss (Docket No. 4) in favor of Defendants against Plaintiff (de) (Distributed)
May 24, 2006 Opinion or Order Filing 9 ORDER by Judge Daniel L. Hovland granting 4 Motion to Dismiss (LR) Attachment (correct Order document) added on 5/24/2006 (rm).
May 24, 2006 DOCKET ANNOTATION. The wrong document was attached at entry 9 and thus sealed. The correct document was then attached & filed. Distributed on 5/24/06. (rm)
May 19, 2006 Filing 8 RESPONSE to Motion re 4 MOTION to Dismiss filed by Bernard Thomas. (rm)
May 2, 2006 Filing 7 AFFIDAVIT in Support of Linda Gourneau, M.D. re 4 MOTION to Dismiss filed by Linda Gourneau. (Bakke, Randall)
May 2, 2006 Filing 6 STATEMENT of Material Fact re 4 MOTION to Dismiss filed by Linda Gourneau. (Bakke, Randall)
May 2, 2006 Filing 5 MEMORANDUM in Support re 4 MOTION to Dismiss filed by Linda Gourneau. (Bakke, Randall)
May 2, 2006 Filing 4 MOTION to Dismiss by Linda Gourneau. (Bakke, Randall)
April 12, 2006 Filing 3 Summons Issued as to Quentin N. Burdick Memorial Healthcare Facility, Linda Gourneau. (rm)
April 12, 2006 Filing 2 Summons Issued as to Department of Health and Human Services, U.S. Attorney and U.S. Attorney General, Aberdeen Area Indian Health Services (rm)
April 12, 2006 Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 071973.)filed by Bernard Thomas. (Attachments: # 1 Exhibit A - Copy of claim dated 8/22/00# 2 Exhibit B - Copy of letter to Soderstrom dated 8/29/00# 3 Exhibit C - Copy of letter to Soderstrom dated 5/30/01# 4 JS 44 Civil Cover Sheet)(rm)

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