Waggener v. Northern Neck Surgical Services, Inc. et al
| Wendell M. Waggener |
| Northern Neck Surgical Services, Inc. and Steven J. Oltermann, M.D. |
| 3:2009cv00281 |
| May 1, 2009 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| Out of State |
| Robert E Payne |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 13, 2010. A more recent docket listing may be available from PACER.
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Filing 64
Notice of Filing of Official Transcript re #63 Transcript of January 8, 2010 Jury Trial (kyou, )
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Filing 63
TRANSCRIPT of Day Three of Jury Trial held on 1/08/10, before Judge Robert E. Payne. Court Reporter Diane Daffron, Telephone number 804 916-2267. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 7/12/2010.(daffron, diane)
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Filing 62
SATISFACTION OF JUDGMENT by Wendell M. Waggener. (Petty, Jonathan)
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Filing 61
ORDER Granting #56 Bill of Costs filed by Wendell M. Waggener. Signed by District Judge Robert E. Payne on 2/19/10. (lsal)
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Filing 60
MEMORANDUM AND OPINION; Signed by District Judge Robert E. Payne on 2/19/10. (lsal)
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Filing 59
SATISFACTION OF JUDGMENT by Wendell M. Waggener. (Petty, Jonathan)
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Filing 58
Rebuttal Brief re #56 Bill of Costs Pl's response to Defs' objection to costs filed by Wendell M. Waggener. (Petty, Jonathan)
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Filing 57
RESPONSE in Opposition re #56 Bill of Costs filed by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Attachments: #1 Proposed Order)(Herbert, Ronald)
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Filing 56
Bill of Costs by Wendell M. Waggener. (Attachments: #1 Exhibit, #2 Affidavit)(Petty, Jonathan) Modified on 1/15/2010 by Clerk's Office (kyou, ).
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Filing 55
AGREED AMENDED FINAL JUDGMENT ORDER that the judgment order of this court dated January 8, 2010 awarding Plaintiff judgment in the amount of $2,000,000.00 is hereby amended to reduce the final judgment award to $1,800,000.00; all other provisions of the January 8, 2010 judgment of this Court remain in effect. Signed by District Judge Robert E. Payne on 1/12/10. (kyou, )
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Filing 54
Consent MOTION to Alter Judgment Reduce the Jury Verdict Pursuant to Code of Virginia Section 8.01-581.15 by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Attachments: #1 Proposed Order)(Herbert, Ronald)
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Filing 53
ORDER that lunch be provided for the jurorson 1/8/2010 and the bill submitted to the Clerk of Court for payment.. Signed by District Judge Robert E. Payne on 1/11/2010 Nunc Pro Tunc 1/8/2009.(sneal, )
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Filing 52
Judgment on Jury Verdict entered by the Clerk on 1/8/2020 for the Plaintiff, Wendell M. Waggener, against the Defendants', Northern Neck Surgical Services, Inc. and Steven J. Oltermann, M.D. in the sum of TWO MILLION AND NO/100 ($2,000,000.00)DOLLARS with no interest. Signed by Clerk of Court Clerk on 1/8/2010. (sneal, ) Modified on 1/11/2010 (sneal, ).
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Filing 51
Jury Instructions as given to the jurors placed in ECF file per verbal order ofJudge Payne(sneal, )
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Filing 49
JURY VERDICT returned in favor of the plaintiff in the sum of $2,000,000 with no interest filed in Open Court. (sneal, )
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Filing 48
Jury Trial Proceedings: Day 3. Parties by counsel. Jurors appeared; all present. Closing arguments had. Jurors charged by the Court. No Objections to the charge. Jurors retired to begin deliberations at 11:50 a.m. Question rec'd from the jury and answered in Open Court. Jurors returned a verdict at 2:05 p.m. in favor of the plaintiff in the sum of $2,000,000 with no interest. Clerk to enter judgment on the jury verdict. Jurors discharged. All exhibits returned to counsel.
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Filing 47
Minute Entry for proceedings held before District Judge Robert E. Payne: Jury Trial held on 1/7/2010. Parties by counsel. Jurors appeared; all present. Plaintiff continued to adduce evience; rested. The Court ordered that lunch be provided for the jurors in this case. Defendants' adduced evidence. Lunch recess had. Defendants' continued to adduce evidence; rested. Jurors sent home at 5:00 p.m. to return tomorrow at 9:30 a.m. for further trial proceedings. Court reviewed Proposed Jury Instructions with counsel. Court adjourned at 6:00 p.m. (Court Reporter Keith Williamson, Halasz Reporting.) (sneal, )
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Filing 46
ORDER that the U.S. Marshal furnish lunch for the jurors this 7th day 2010 and submit the bill to the Clerk of Court for payment.. Signed by District Judge Robert E. Payne on 1/7/2009. (sneal, )
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Set/Reset Hearings: Jury Trial set for 1/8/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
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Filing 45
Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal and District Judge Robert E. Payne. Jurors appeared; examined on voir dire and empaneled to try case. Opening Statements made. Witnesses excluded on motion of the Plaintiff. Plainiff adduced evidence. Lunch recess had. Plaintiff continued to adduce evidence. The Court directed that Plaintiff's Exhibits 1 and 2 shall be made a part of this record, especially the electronic case file. Jurors sent home at 5:25 p.m. to return tomorrow at 9:30 a.m. for further trial proceedings. Court adjourned at 5:45 a.m. Jury Trial held on 1/6/2010. (Court Reporter Keith Williamson, Halasz Reporting.) (sneal, )
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Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Voir Dire held on 1/6/2010. (Court Reporter Keith Williamson, Halasz Reporting.) (sneal, )
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Filing 44
CONSENT to Jurisdiction by US Magistrate Judge by Wendell M. Waggener, Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. for the limited purpose of conducing the civil jury trial to be held on 1/6/2010 until Judge Payne arrives later today to preside over the trial. (sneal, )
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Filing 43
Letter re: Plaintiff will employ a private court reporter. (kyou, )
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Set/Reset Hearings: Jury Trial set for 1/7/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
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Filing 42
Notice of Filing of Official Transcript re #41 Transcript of December 9, 2009 hearing (kyou, )
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Filing 41
TRANSCRIPT of final pretrial conference held on December 9, 2009, before Judge Robert E. Payne. Court Reporter Peppy Strahan, Telephone number 804.916.2267. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2010. Redacted Transcript Deadline set for 3/1/2010. Release of Transcript Restriction set for 3/30/2010.(strahan, peppy)
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Filing 40
Defendants' Response to Plaintiff's Objections to Defendants' Proposed Jury Instructions by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Filing 39
Agreed and Disputed Jury Instructions Proposed Jury Instructions by Wendell M. Waggener. (Attachments: #1 Exhibit Agreed Instructions)(Petty, Jonathan)
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Filing 38
Objection to #35 Proposed Jury Instructions filed by Wendell M. Waggener. (Petty, Jonathan)
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Filing 37
Proposed Voir Dire by Wendell M. Waggener. (Petty, Jonathan)
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Filing 36
Letter re: use of evidence system. (kyou, )
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Filing 35
Proposed Jury Instructions by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Filing 34
Proposed Voir Dire by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Filing 33
Proposed Jury Instructions by Wendell M. Waggener. (Petty, Jonathan)
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Filing 32
ORDER GRANTING Plaintiff's #25 Motion in Limine to Exclude Irrelevant Evidence. Signed by District Judge Robert E. Payne on 12/9/2009. (lhin, )
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Filing 31
FINAL PRETRIAL ORDER (See Order for Details). Signed by District Judge Robert E. Payne on 12/9/2009. (cgar)
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Filing 30
Subpoena(s) Returned. (Herbert, Ronald)
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Filing 29
Subpoena(s) Returned. (Herbert, Ronald)
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Filing 28
Subpoena(s) Returned. (Herbert, Ronald)
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Filing 27
Subpoena(s) Returned. (Herbert, Ronald)
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Filing 26
NOTICE of Appearance by Ronald Paul Herbert on behalf of Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. (Herbert, Ronald)
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Filing 25
MOTION in Limine to Exclude Irrelevant Evidence by Wendell M. Waggener. (Petty, Jonathan)
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Notice of Correction re #27 Subpoena(s) Returned, #30 Subpoena(s) Returned, #28 Subpoena(s) Returned, #29 Subpoena(s) Returned. Counsel has been advised that returns are exempt from electronic filing. (kyou, )
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Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Settlement Conference held on 12/7/2009. (:30) (dtho, )
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Set/Reset Hearings: Settlement Conference set for 12/7/2009 at 10:00 AM before Magistrate Judge Dennis W. Dohnal. (dtho, )
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Filing 23
Designation Expert Witnesses by all defendants. (Attachments: #1 Exhibit Expert report,CV,fee and testimony history)(Herbert, Ronald)
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Filing 22
Exhibits to #21 Rule 26 Disclosure by Wendell M. Waggener. (Petty, Jonathan) Modified on 10/13/2009 by Clerk's Office (kyou, ).
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Filing 21
Rule 26 Disclosure by Wendell M. Waggener. (Attachments: #1 Appendix Attachments to Rule 26 Expert Disclosure)(Petty, Jonathan)
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Filing 20
ORDER that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to U.S. Magistrate Judge Dennis W. Dohnal. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Dohnal within five days of the date of this Order (please see Order for additional information). It is so ORDERED. Signed by District Judge Robert E. Payne on 08/24/2009. Copy sent to DWD chambers. (walk, )
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Filing 19
JURY PRETRIAL ORDER setting a jury trial to be held at 9:30 a.m. on 1/6/2010; Final Pretrial Conference to be held at 10:00 a.m. on 12/9/2009.. Signed by District Judge Robert E. Payne on 8/24/2009. (sneal, )
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for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 8/24/2009. (sneal, )
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Set/Reset Hearings: Final Pretrial Conference set for 12/9/2009 at 10:00 AM before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Jury Trial set for 1/6/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
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Filing 18
SCHEDULING ORDER: Initial Pretrial Conference set for 8/24/2009 at 11:00 AM before District Judge Robert E. Payne.. Signed by District Judge Robert E. Payne on 7/28/2009. (sneal, )
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Filing 17
ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 11:00 a.m. on 8/24/2009. Signed by Clerk of Court Clerk on 7/28/2009. (sneal, )
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Filing 16
Rule 26 Disclosure by Wendell M. Waggener. (Petty, Jonathan)
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Filing 15
Discovery Designation by Wendell M. Waggener.(Petty, Jonathan)
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Filing 14
Rule 26 Disclosure by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Notice of Correction: Document #15 incorrectly filed; Document #16 replaces document #15; attorney selected the incorrect title from the menu; (lsal)
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Filing 13
Financial Interest Disclosure Statement (Local Rule 7.1) by Northern Neck Surgical Services, Inc.. (Herbert, Ronald)
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Filing 12
Discovery Plan by Wendell M. Waggener, Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D..(Herbert, Ronald)
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Filing 11
Withdrawal of Motion by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. re #6 MOTION to Remand (Herbert, Ronald)
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Filing 10
Withdrawal of Motion by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. re #4 MOTION to Dismiss (Herbert, Ronald)
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Filing 9
*CORRECTED* Memorandum in Support re #6 MOTION to Remand filed by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Herbert, Ronald)
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Filing 8
ANSWER to #1 Complaint with Jury Demand by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D..(Herbert, Ronald)
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Filing 7
*SEE DOC. #9 for CORRECTED VERSION* Memorandum in Support #6 Motion to Remand by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Herbert, Ronald) Modified on 6/8/2009 by Clerk's Office (kyou, ).
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Filing 6
MOTION to Remand by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Filing 5
Memorandum in Support #4 Motion to Dismiss by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Herbert, Ronald) Modified on 6/8/2009 by Clerk's Office to correct docket text (kyou, ).
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Filing 4
MOTION to Dismiss by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
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Filing 3
SUMMONS Returned Executed Northern Neck Surgical Services, Inc. served on 5/19/2009, answer due 6/8/2009; Steven J. Oltermann, M.D. served on 5/19/2009, answer due 6/8/2009 (kyou, )
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Filing 2
Summons Issued as to Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.; returned to counsel of record in provided, stamped, self-addressed envelope (lsal)
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Filing 1
COMPLAINT against Northern Neck Surgical Services, Inc., Steven J. Oltermann (Filing fee $350.00 receipt number 34683003544) filed by Wendell M. Waggener(Attachments: #1 Civil Cover Sheet, #2 Receipt) (lsal)
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Filing 50
PLaintiff's Exhibits 1 and 2 placed in the ECF file per verbal order of Judge Payne(sneal, )
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