Bardell, et al v. United States of America, et al
| Craig A. Bardell and Charlotte F. Bardell |
| Kenneth L. Russell and United States of America |
| 3:2024cv01697 |
| July 3, 2024 |
| U.S. District Court for the Northern District of Texas |
| Brantley Starr |
| Torts/Pers Inj: Personal Injury - Medical Malpractice |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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| Filing 45 Proposal for contents of scheduling and discovery order by United States of America. (Parker-DOJ, Tami) |
Filing 44
ELECTRONIC ORDER granting #43 Application for Admission Pro Hac Vice of Kimberly L. Copeland. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 8/8/2024) (chmb)
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| Filing 43 Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Charlotte F. Bardell, Craig A. Bardell (Attachments: #1 Exhibit(s), #2 Proposed Order) (Copeland, Kimberly) (Main Document 43 flattened on 8/8/2024) (kcr). |
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Filing 42
ELECTRONIC ORDER denying #41 Application for Admission Pro Hac Vice of Kimberly L. Copeland. Local Counsel Required. Unless exempted by LR 83.11, local counsel is required in all cases where an attorney appearing in a case does not reside or maintain the attorneys principal office in this district. Local counsel means a member of the bar of this court who resides or maintains the attorneys principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. Attorneys desiring to proceed without local counsel must obtain leave from the presiding judge. If the request for leave is denied, written designation of local counsel must be filed within 14 days of the denial. (Ordered by Judge Brantley Starr on 8/6/2024) (chmb)
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| Filing 41 Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Charlotte F. Bardell, Craig A. Bardell (Attachments: #1 Exhibit(s) letter of Good Standing) (Copeland, Kimberly) (Main Document 41 replaced to flatten on 7/30/2024) (knb). |
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Filing 40
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER. Lead counsel for each party (or a designee attorney with appropriate authority) shall personally meet at a mutually agreeable location at least 14 days before the date specified in Section VII of this order. Proposal due by 9/2/2024. (Ordered by Judge Brantley Starr on 7/24/2024) (cfk)
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Filing 39
ELECTRONIC ORDER denying #36 Motion. (Ordered by Judge Brantley Starr on 7/24/2024) (chmb)
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| Filing 38 Certificate Regarding Judge-Specific Requirements. (Cherry-DOJ, Mary) |
| Filing 37 Certificate Regarding Judge-Specific Requirements. (Copeland, Kimberly) |
| Filing 36 MOTION FOR PERMISSION TO PROCEED WITHOUT THE REQUIREMENT OF LOCAL COUNSEL filed by Charlotte F. Bardell, Craig A. Bardell (Attachments: #1 Exhibit(s) Letter of Good Standing) (Copeland, Kimberly) Modified event text on 7/18/2024 (kcr). |
| Filing 35 NOTICE of Attorney Appearance by Mary M. Watkins Cherry-DOJ on behalf of United States of America. (Filer confirms contact info in ECF is current.) (Cherry-DOJ, Mary) |
| Filing 34 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States of America. (Clerk QC note: No affiliate entered in ECF). (Parker-DOJ, Tami) |
| Filing 33 ANSWER to Complaint filed by United States of America. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Parker-DOJ, Tami) |
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Filing 32
ELECTRONIC ORDER: The Court ORDERS all parties without local counsel to appoint local counsel, in accordance with Local Rule 83.10, or to file a motion to proceed without local counsel, by August 10, 2024. Per L.R. 83.11, an attorney appearing on behalf of the United States Justice Department is exempt from filing a motion to proceed without local counsel. (Ordered by Judge Brantley Starr on 7/10/2024) (chmb)
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| Filing 31 Certificate Regarding Judge-Specific Requirements. (Parker-DOJ, Tami) |
| Filing 30 Notice of Substitution of Counsel by AUSA. Tami C Parker-DOJ added as AUSA. (Parker-DOJ, Tami) |
| Filing 29 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (cfk) |
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Filing 28
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 7/3/2024) (kcr)
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| Filing 27 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
| Filing 26 Case electronically transferred in from District of Florida Middle; Case Number 6:23-cv-00741. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 25 CASE ELECTRONICALLY TRANSFERRED to the Northern District of Texas. (RPB) [Transferred from Florida Middle on 7/3/2024.] |
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Filing 24
ORDER granting in part and denying in part #16 Motion to Dismiss. The Motion is GRANTED insofar as it seeks the transfer of Plaintiffs' Amended Complaint to an appropriate venue in the interest of justice. The Motion is otherwise DENIED. The Clerk is DIRECTED to transfer this case to the United States District Court for the Northern District of Texas for all further proceedings. Thereafter, the Clerk is directed to close this case.. Signed by Judge Carlos E. Mendoza on 7/2/2024. (MEH) [Transferred from Florida Middle on 7/3/2024.]
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Filing 23
ENDORSED ORDER granting #22 Joint Motion to Stay. This case is STAYED pending the Court's ruling on #16 the Government's Motion to Dismiss. Signed by Judge Carlos E. Mendoza on 11/6/2023. (JW) [Transferred from Florida Middle on 7/3/2024.]
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| Filing 22 Joint MOTION to Stay by United States of America. (Posteraro, Julie) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 21 REPLY to Response to Motion re #16 MOTION to Dismiss Amended Complaint filed by United States of America. (Posteraro, Julie) [Transferred from Florida Middle on 7/3/2024.] |
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Filing 20
ENDORSED ORDER granting #19 Unopposed Motion for Leave to File Reply. On or before August 23, 2023, the United States may file a Reply of five or fewer pages. Signed by Judge Carlos E. Mendoza on 8/8/2023. (KMS) [Transferred from Florida Middle on 7/3/2024.]
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| Filing 19 Unopposed MOTION for Miscellaneous Relief, specifically For Leave to File a Reply in Support of Motion to Dismiss (Doc. 18) by United States of America. (Posteraro, Julie) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 18 RESPONSE in Opposition re #16 MOTION to Dismiss Amended Complaint filed by Charlotte F. Bardell, Craig A. Bardell. (Copeland, Kimberly) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by United States of America. (Posteraro, Julie) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 16 MOTION to Dismiss Amended Complaint by United States of America. (Posteraro, Julie) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 15 AMENDED COMPLAINT For Damages against All Plaintiffs filed by Charlotte F. Bardell, Craig A. Bardell. Related document: #1 Complaint, filed by Charlotte F. Bardell.(Copeland, Kimberly) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 14 SUMMONS returned unexecuted as to Kenneth L. Russell. (SEH) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 13 Amended Disclosure Statement by Charlotte F. Bardell, Craig A. Bardell identifying Corporate Parent Kimberly L Copeland for Charlotte F. Bardell, Craig A. Bardell. (Copeland, Kimberly) Modified on 4/27/2023 (SPM). [Transferred from Florida Middle on 7/3/2024.] |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Charlotte F. Bardell, Craig A. Bardell. Related case(s): Yes (Copeland, Kimberly) Modified on 4/27/2023 (SPM). [Transferred from Florida Middle on 7/3/2024.] |
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Filing 11
ENDORSED ORDER granting #2 Motion to Appear Pro Hac Vice. Kimberly L. Copeland is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 4/25/2023. (Irick, Daniel) [Transferred from Florida Middle on 7/3/2024.]
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Filing 10
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (ECJ) [Transferred from Florida Middle on 7/3/2024.]
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| Filing 9 NOTICE TO COUNSEL Kimberly L. Copeland of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SPM) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 8 SUMMONS issued as to Kenneth L. Russell, U.S. Attorney. (SPM) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 7 PROPOSED summons to be issued by Charlotte F. Bardell, Craig A. Bardell. (Attachments: #1 Proposed Summons)(Copeland, Kimberly) [Transferred from Florida Middle on 7/3/2024.] |
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Filing 6
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 4/24/2023. (MEH) [Transferred from Florida Middle on 7/3/2024.]
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Filing 5
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 4/24/2023. (MEH) [Transferred from Florida Middle on 7/3/2024.]
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Filing 4
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 4/24/2023. (MEH) [Transferred from Florida Middle on 7/3/2024.]
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| Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-741-CEM-DCI. (RPB) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 2 MOTION for Kimberly L. Copeland to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20754300 for $150 by Charlotte F Bardell. (Copeland, Kimberly) [Transferred from Florida Middle on 7/3/2024.] |
| Filing 1 COMPLAINT against United States of America, Kenneth L. Russell (Filing fee $402 receipt number AFLMDC-20754299) filed by Charlotte F Bardell, Craig A Bardell (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Affidavit, #4 Exhibit)(Copeland, Kimberly) Modified on 4/24/2023 (SPM). [Transferred from Florida Middle on 7/3/2024.] |
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