DELACRUZ RIVERA et al v. TURNER, M.D. et al
| MIA'MICHELLE DELACRUZ RIVERA, LIANNI ROSY RIVERA and M.D.R. |
| CLINTON TURNER, M.D., UNITED STATES and CLINTON A. TURNER, M.D. |
| TEMPLE UNIVERSITY HOSPITAL |
| UNITED STATES OF AMERICA |
| 2:2022cv00621 |
| February 17, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| P.I.: Medical Malpractice |
| 28 U.S.C. § 2671 |
| Defendant |
Docket Report
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| Filing 25 ANSWER to #22 Answer to Complaint, Third Party Complaint (i.e., Answer and Affirmative Defenses to Third-Party Plaintiff Temple Univ. Hosp.'s Third-Party Complaint for Indemnification and Contribution) by UNITED STATES OF AMERICA, Affirmative Defenses, Certificate of Service.(SULLIVAN, GERALD) Modified on 3/31/2022 (md). |
| Filing 24 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (rf, ) |
| Filing 23 SUMMONS Returned Executed by TEMPLE UNIVERSITY HOSPITAL re: Richard Marguiles served Summons and Complaint upon UNITED STATES OF AMERICA by Email. UNITED STATES OF AMERICA served on 3/23/2022, answer due 4/13/2022. (MARGULIES, RICHARD) |
| Filing 22 ANSWER to Complaint, with Affirmative Defenses, and THIRD PARTY COMPLAINT against UNITED STATES OF AMERICA by TEMPLE UNIVERSITY HOSPITAL, Certificate of Service.(MARGULIES, RICHARD) Modified on 3/24/2022 (md). |
| Third Party Summons Issued as to UNITED STATES OF AMERICA AND EMAILED TO DEFENDANT/THIRD PARTY PLAINTIFFS COUNSEL (rf, ) |
| Filing 21 Disclosure Statement Form pursuant to FRCP 7.1 including TEMPLE UNIVERSITY HEALTH SYSTEM, INC. with Certificate of Service by TEMPLE UNIVERSITY HOSPITAL.(MARGULIES, RICHARD) |
| Filing 20 ANSWER to Complaint, together with Affirmative Defenses, and THIRD PARTY COMPLAINT against UNITED STATES OF AMERICA by TEMPLE UNIVERSITY HOSPITAL. (Attachments: #1 Certificate of Service)(MARGULIES, RICHARD) Modified on 3/16/2022 (md). |
Filing 19
ORDER THAT SETTLEMENT CONFERENCE SET FOR 8/11/2022 09:30 AM IN Telephone Conference. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/14/22. 3/14/22 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 18
ORDER THAT DISCOVERY DUE BY 9/9/2022., MOTIONS DUE BY 9/16/2022., MOTION FOR SUMMARY JUDGMENT DUE BY 9/16/2022., FINAL PRETRIAL CONFERENCE SET FOR 11/10/2022 08:45 AM IN Telephone Conference; JURY SELECTION SET FOR 11/14/2022 09:00 AM IN Courtroom 6B; JURY TRIAL SET FOR 11/14/2022 09:00 AM IN Courtroom 6B; MOTION IN LIMINE DUE BY 11/1/2022., PLAINTIFF PRETRIAL MEMO DUE BY 10/27/2022., DEFENDANT PRETRIAL MEMO DUE BY 10/27/2022. MATTER IS REFERRED TO MAGISTRATE JUDGE HEFFLEY FOR SETTLEMENT PURPOSES. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/11/22. 3/11/22 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 17
ORDER THAT UNITED STATES MOTION (DOC. 5) IS GRANTED AS OUTLINED HEREIN. WE SUBSTITUTE THE UNITED STATES FOR ITS DEEMED AGENT CLINTON A. TURNER, MD. WE DISMISS THE UNITED STATES BASED UPON PLAINTIFFS FAILURE TO PRESENT THE CLAIMS TO THE DEPARTMENT OF HUMAN HEALTH AND SERVICES WITHOUT PREJUDICE, ETC. TEMPLE UNIVERSITY HOSPITAL IS GRANTED LEAVE TO FILE AN ANSWER TO THE COMPLAINT (DOC. 1-1) WITH A POTENTIAL THIRD PARTY INDEMNITY CLAIM AGAINST THE UNITED STRATES CONSISTENT WITH FEDERAL RULES 8 AND 11, NO LATER THAN 3/16/22. UNITED STATES IS GRANTED LEAVE TO RESPOND TO A THIRD PARTY INDEMNITY CLAIM BY 3/30/22. CLERK AND PARITES SHALL AMEND THE CAPTION CONSISTENT WITH THE ABOVE CAPTION TO REFLECT PLAINTIFF AS M.D.R. A MINOR BY HER PARENT AND NATURAL GUARDIAN LINNI ROSY RIVERA V TEMPLE UNIVERSITY HOSPITAL. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/11/22. 3/11/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 16 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Pretrial Conference held on 3/11/22. (rf, ) |
| Filing 15 PLAINTIFF'S RULE 26(f) SUPPLEMENTAL DISCLOSURE(rf, ) |
| Filing 14 Letter to the Honorable Mark A. Kearney from MIA'MICHELLE DELACRUZ RIVERA *NO ENVELOPE ATTACHED* (rf, ) |
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Filing 13
ORDER THAT INITIAL PRETRIAL CONFERENCE SET FOR 3/11/2022 08:45 AM IN Telephone Conference. PLAINTIFF SHALL FILE NO LATER THAN NOON ON 3/10/22 A SUPPLEMENT TO THE PARTIES PRETRIAL REPORT AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/4/22. 3/4/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 12 Report Of RULE 26(f) MEETING by TEMPLE UNIVERSITY HOSPITAL. (MARGULIES, RICHARD) |
| Filing 10 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA COUNTY. (rf, ) |
| Filing 11 PLAINTIFFS RESPONSE AND NOTICE TO ORDER OF 2/25/22, CERTIFICATE OF SERVICE by MIA'MICHELLE DELACRUZ RIVERA. (rf, ) |
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Filing 9
ORDER THAT PLAINTIFF IS GRANTED LEAVE TO FILE OPPOSITION TO THE PENDING MOTION (DOC. 5) NO LATER THAN 3/7/22. WE DEFER THE UNITED STATES DEADLINE TO RESPOND TO A CROSSCLAIM (IF AND WHEN FILED IN THIS COURT) UNTIL 4/8/22, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/28/22. 3/1/22 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 8
ORDER THAT PLAINTIFF SHALL NO LATER THAN NOON ON 2/28/22 FILE A NOTICE NOT EXCEEDING THREE PAGES PROVIDING HER POSITION ON THE PENDING MOTION TO SUBSTITUTE SUBJECT TO FILING A MORE FULSOME OPPOSITION NO LATER THAN 3/7/22. WE APPROVE THE STIPULATION IN PART TO DEFER THE UNITED STATES' DEADLINE TO RESPOND TO A CROSSCLAIM UTIL 3/7/22 UNLESS EXTENDED FOR GOOD CAUSE BASED UPON PLAINTIFFS' TIMELY NOTICE UNDER THIS ORDER. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/25/22. 2/28/22 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 7 STIPULATION Between Temple University Hospital and United States of America, and PROPOSED ORDER, that the United States' Deadline to Respond to Temple University Hospital's Crossclaim is Extended until Ten Days following the Court's Ruling on the United States' Motion to Substitute the USA for Defendant Turner and to Dismiss Plaintiffs' Claims Against the USA (ECF Nos. 5, 6) by CLINTON A. TURNER, MD. (SULLIVAN, GERALD) |
| Filing 6 Declaration re #5 MOTION to Substitute United States of America for Clinton A. Turner, M.D., and FURTHER MOTION to Dismiss Plaintiff's Related Claims under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), filed by UNITED STATES OF AMERICA on behalf of Clinton A. Turner, [READABLE COPY OF EXHIBIT A (HHS OGC Attorney Torres Declaration) by CLINTON A. TURNER, MD. (Attachments: #1 Exhibit A-1 (Deeming Notice Renewal 2010))(SULLIVAN, GERALD) |
| Filing 5 MOTION to Substitute United States of America for Clinton A. Turner, M.D., and FURTHER MOTION to Dismiss Plaintiff's Related Claims under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), filed by UNITED STATES OF AMERICA on behalf of Clinton A. Turner, MD filed by CLINTON A. TURNER, MD.Brief, Certificate of Service. (Attachments: #1 Exhibit A (Declaration of HHS OGC Attorney), #2 Exhibit A-1 (Deeming Notice Renewal 2010))(SULLIVAN, GERALD) |
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Filing 4
ORDER THAT INITIAL PRETRIAL CONFERENCE SET FOR 3/4/2022 08:45 AM IN Telephone Conference. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/22/22. 2/22/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 3 NOTICE of Appearance by JAMES A. YOUNG on behalf of TEMPLE UNIVERSITY HOSPITAL with Jury Demand of 12 plus 2 alternates and Certificate of Service(YOUNG, JAMES) |
| Filing 2 NOTICE of Appearance by RICHARD S. MARGULIES on behalf of TEMPLE UNIVERSITY HOSPITAL with Jury Demand of 12 plus 2 alternates and Certificate of Service(MARGULIES, RICHARD) |
| Filing 1 NOTICE OF REMOVAL by CLINTON TURNER, M.D. from Court of Common Pleas of Philadelphia, case number 210901048., filed by CLINTON TURNER, M.D.. (Attachments: #1 Exhibit STATE COURT COMPLAINT, #2 Exhibit CERTIFICATION, #3 Civil Cover Sheet, #4 Designation Form, #5 Case Management Track Form)(SULLIVAN, GERALD) (Attachment 3 replaced on 2/18/2022) (sbt). (Attachment 4 replaced on 2/18/2022) (sbt). |
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