Kerr v. Hurd et al
| Elton R Kerr |
| William W Hurd and Wright State Physicians |
| 3:2007cv00297 |
| August 10, 2007 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
120
ORDER VACATING TRIAL DATE - Defendant having taken an interlocutory appeal from this Court's denial of qualified immunity, this Court has lost jurisdiction to proceed. It is accordingly ordered that the final pretrial conference date and the trial date be, and they hereby are, VACATED. Signed by Magistrate Judge Michael R Merz on 4/13/2010. (kpf1)
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Filing
117
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT - The Court concludes the Defendants are entitled to summary judgment on Plaintiff's First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Ninth Causes of Action and on the Ohio constitutional claim in the Sixth Cause of Action. Defendants are not entitled to summary judgment on Plaintiff's § 1983 claim in his Sixth Cause of Action. Plaintiff's Tenth Cause of Action shoul d not have been pleaded in that manner, but Defendants are not entitled to summary judgment on Plaintiff's claims for attorney fees, costs, and expenses, which will not, however, be presented to the jury. Signed by Magistrate Judge Michael R Merz on 3/15/2010. (kpf1)
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Filing
114
NOTICE REGARDING TRIAL DATE - This case is set for trial to a jury commencing November 16, 2009. The Court has set a jury trial in Wells Fargo v. LaSalle National Bank, 3:07-cv-449, a case involving commercial mortgage securitization, for the two ful l weeks commencing November 2, 2009. The Court therefore wishes to offer the parties in this case an option: 1. The Court is willing to leave the case set for November 16th with the understanding that we will start this trial as soon as the other is finished, or 2. The Court is willing to continue this trial for a short time so as to give the parties a definite starting date. Counsel are requested to confer with each other and with their clients and advise Judicial Assistant Kelly Kopf of their preferences. If the parties are unable to reach agreement, the Court reserves the right to act sua sponte. Signed by Magistrate Judge Michael R Merz on 9/29/2009. (kpf1)
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Filing
113
NOTICE TO COUNSEL - The Court notes that Defendant Wright State Physicians attached to its Reply Memorandum in Support of its Motion for Summary Judgment 188 pages of copies of unreported cases. Several years ago, the Court amended S. D. Ohio Civ. R. 7.2(b)(4) to read "If unreported or unofficially published opinions are cited, copies of the opinions shall be made available upon request by the Court or opposing counsel." This replaced the prior rule which required attachment of copies of such opinions. The rule was amended upon consensus of the Local Rules Advisory Committee that virtually all practicing attorneys had electronic access to unreported opinions and that those who did not could readily request copies. All judicial off icers have desktop access to opinions published on either Westlaw or Lexis. The attention of counsel is called to this rule to save counsel the labor involved with scanning the opinions and the time required to upload them. Signed by Magistrate Judge Michael R Merz on 9/3/2009. (kopf1, )
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Filing
109
DECISION AND ORDER ON MOTION FOR RECONSIDERATION - This case is before the Court on Defendant Wright State Physicians' Motion for Reconsideration of Court's decision and Order Granting Plaintiff's Motion to Order Payment of Expert Witn ess Fees (Doc. No. 93). All things considered, the Court is not persuaded to modify its prior decision. While reconsideration has been granted, the Court denies any further relief. Wright State Physicians shall pay Mr. Stover's fee in the amount previously ordered. Signed by Magistrate Judge Michael R Merz on 9/1/2009. (kopf1, )
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Filing
107
DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT - Plaintiff Van Noy Culpepper's Motion for Partial Summary Judgment against Defendant Wright State Physicians, Inc. (Doc. No. 87) is denied. Signed by Magistrate Judge Michael R Merz on 8/27/2009. (kopf1, )
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Filing
106
ORDER STRIKING NOTICE OF DISMISSAL - This case is before the Court sua sponte on Plaintiff's filing of a Notice Dismissing Second and Fourth Causes of Action (Doc. No. 105). Plaintiff gives no indication whether the dismissal is intended to be w ith or without prejudice or of any discussion of this matter with Defendants' counsel. Plaintiff also does not cite any authority for such a filing. Fed. R. Civ. P. 41 authorizes dismissal of cases, but not pieces of cases. If Plaintiff has aban doned these two claims in his Memorandum in Opposition to Defendants' Motions for Summary Judgment, the Court will treat them as thus abandoned when it decides those Motions. If, on the other hand, Plaintiff is attempting to have these two claims dismissed without prejudice, he can do so only with Defendants' consent or on motion to amend the Complaint. Signed by Magistrate Judge Michael R Merz on 8/24/2009. (kopf1, )
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Filing
92
DECISION AND ORDER granting 69 PLAINTIFF'S MOTION TO ORDER PAYMENT OF EXPERT WITNESS FEES. Defendant Wright State Physicians is ordered to pay Mr. Stovers fee in the amount of $2,424.00. Signed by Magistrate Judge Michael R Merz on 8/2/2009. (gh1, )
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Filing
90
ORDER TO SUPPLEMENT RECORD - In order for the Court to decide properly the pending Motion for Expert Fees (Doc. No. 69), it is hereby ordered that Plaintiff file an affidavit from the witness setting forth (1) what his standard hourly fee is and the percentage of his clients or of Brady Ware's clients who are charged that rate; (2) what he actually did during the time he was preparing for the deposition, in detail sufficient to enable to the Court to determine whether that expenditure of time was reasonably necessary. Signed by Magistrate Judge Michael R Merz on 7/28/2009. (kopf1, )
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Filing
64
DECISION AND ORDER - This case is before the Court on Plaintiff's motion for further relief (Doc. No. 61) from this Court's Decision and Order of March 19, 2009 (Doc. No. 47). Plaintiff may call Janet Ruckrigl as a lay witness at trial; Fi ve persons on Plaintiff's lay witness list which was stricken are named as witnesses by Defendant: Dr. Sheila Barhan, Dr. Janice Duke, Dr. Teresa Amesse. Kathleen Neumann, and Ken Sillaman. The Court concludes there is no prejudice to Defendant in allowing Plaintiff to call these witnesses in his case in chief and he may do so, provided he makes them available during his case. The Court's prior Order is AMENDED as follows: Marga Kerr may testify at trial as a witness in Plaintiff' s case in chief provided she presents herself for deposition in Dayton, Ohio, not later than May 31, 2009. Plaintiff seeks to add as a witness Dr. Ene George whom he claims Defendant has generically identified as "John/Jane Doe, former WSUSOM me dical student(s)." This does not constitute a sufficient identification by Defendant such that Defendant is not prejudiced by the identification of this person by name; he may not be added to Plaintiff's list. Plaintiff has not shown good cause for any extension of discovery. Plaintiff's Motion is GRANTED to the extent set forth above and otherwise DENIED. Signed by Magistrate Judge Michael R Merz on 5/11/2009. (kopf1, )
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Filing
60
DECISION AND ORDER - Plaintiff's request for relief from the Court's Order of March 19, 2009, is DENIED except that he may present at trial the witnesses whose depositions have been set for the period between now and April 30, 2009, to wit, himself, Dr. Hurd, Dr. Gary Ventolini, Dr. Margaret Dunn, Dr. Lawrence Amesse, Jocelyn Piccone, and Gail Smith. He may also present his wife Marga Kerr provided she presents herself for deposition in Dayton, Ohio, not later than April 30, 2009. Signed by Magistrate Judge Michael R Merz on 4/22/2009. (kopf1, )
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Filing
47
DECISION AND ORDER - It is hereby ORDERED: 1. Plaintiff's lay witness list (Doc. No. 43) is STRICKEN; 2. Plaintiff's instant Motion to Amend (Doc. No. 44) is DENIED. As the case now stands, Plaintiff will not be permitted to present any te stimony besides his own at trial. Should Plaintiff seek relief from this Order, he shall do so by filing a motion accompanied by: 1. A list identifying any witness Plaintiff desires to call at trial with an address and telephone number and an actual synopsis of the facts Plaintiff expects to elicit from that witness; and 2. A showing of cause as to why each of said witnesses was not timely identified. Defendants shall set the Plaintiff's deposition and the deposition of any Plaintiff's expert not yet depose whom they desire to depose by notice served not later than March 28, 2009, and scheduled for a date before the discovery cut-off. Plaintiff is cautioned that failure to cooperate in completing the discovery in this case may well result in dismissal of the case with prejudice. Signed by Magistrate Judge Michael R Merz on 3/18/2009. (kopf1, )
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