Waggener v. Northern Neck Surgical Services, Inc. et al
Plaintiff: Wendell M. Waggener
Defendant: Northern Neck Surgical Services, Inc. and Steven J. Oltermann, M.D.
Case Number: 3:2009cv00281
Filed: May 1, 2009
Court: US District Court for the Eastern District of Virginia
Office: Richmond Office
County: Out of State
Presiding Judge: Robert E Payne
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 13, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2010 Filing 64 Notice of Filing of Official Transcript re #63 Transcript of January 8, 2010 Jury Trial (kyou, )
April 12, 2010 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)
March 18, 2010 Filing 62 SATISFACTION OF JUDGMENT by Wendell M. Waggener. (Petty, Jonathan)
February 19, 2010 Opinion or Order 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)
February 19, 2010 Filing 60 MEMORANDUM AND OPINION; Signed by District Judge Robert E. Payne on 2/19/10. (lsal)
February 8, 2010 Filing 59 SATISFACTION OF JUDGMENT by Wendell M. Waggener. (Petty, Jonathan)
January 22, 2010 Filing 58 Rebuttal Brief re #56 Bill of Costs Pl's response to Defs' objection to costs filed by Wendell M. Waggener. (Petty, Jonathan)
January 19, 2010 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)
January 15, 2010 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, ).
January 13, 2010 Opinion or Order 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, )
January 12, 2010 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)
January 11, 2010 Opinion or Order 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, )
January 8, 2010 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, ).
January 8, 2010 Filing 51 Jury Instructions as given to the jurors placed in ECF file per verbal order ofJudge Payne(sneal, )
January 8, 2010 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, )
January 8, 2010 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.
January 7, 2010 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, )
January 7, 2010 Set/Reset Hearings: Jury Trial set for 1/8/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
January 7, 2010 Opinion or Order 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, )
January 6, 2010 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, )
January 6, 2010 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, )
January 6, 2010 Set/Reset Hearings: Jury Trial set for 1/7/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
January 6, 2010 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, )
January 6, 2010 Filing 43 Letter re: Plaintiff will employ a private court reporter. (kyou, )
January 4, 2010 Filing 42 Notice of Filing of Official Transcript re #41 Transcript of December 9, 2009 hearing (kyou, )
December 30, 2009 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)
December 30, 2009 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)
December 30, 2009 Filing 39 Agreed and Disputed Jury Instructions Proposed Jury Instructions by Wendell M. Waggener. (Attachments: #1 Exhibit Agreed Instructions)(Petty, Jonathan)
December 30, 2009 Filing 38 Objection to #35 Proposed Jury Instructions filed by Wendell M. Waggener. (Petty, Jonathan)
December 30, 2009 Filing 37 Proposed Voir Dire by Wendell M. Waggener. (Petty, Jonathan)
December 29, 2009 Filing 36 Letter re: use of evidence system. (kyou, )
December 22, 2009 Filing 35 Proposed Jury Instructions by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
December 22, 2009 Filing 34 Proposed Voir Dire by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
December 21, 2009 Filing 33 Proposed Jury Instructions by Wendell M. Waggener. (Petty, Jonathan)
December 10, 2009 Opinion or Order 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, )
December 10, 2009 Opinion or Order Filing 31 FINAL PRETRIAL ORDER (See Order for Details). Signed by District Judge Robert E. Payne on 12/9/2009. (cgar)
December 8, 2009 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, )
December 8, 2009 Filing 30 Subpoena(s) Returned. (Herbert, Ronald)
December 8, 2009 Filing 29 Subpoena(s) Returned. (Herbert, Ronald)
December 8, 2009 Filing 28 Subpoena(s) Returned. (Herbert, Ronald)
December 8, 2009 Filing 27 Subpoena(s) Returned. (Herbert, Ronald)
December 8, 2009 Filing 26 NOTICE of Appearance by Ronald Paul Herbert on behalf of Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. (Herbert, Ronald)
December 8, 2009 Filing 25 MOTION in Limine to Exclude Irrelevant Evidence by Wendell M. Waggener. (Petty, Jonathan)
December 7, 2009 Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Settlement Conference held on 12/7/2009. (:30) (dtho, )
December 4, 2009 Set/Reset Hearings: Settlement Conference set for 12/7/2009 at 10:00 AM before Magistrate Judge Dennis W. Dohnal. (dtho, )
November 9, 2009 Filing 23 Designation Expert Witnesses by all defendants. (Attachments: #1 Exhibit Expert report,CV,fee and testimony history)(Herbert, Ronald)
October 13, 2009 Filing 22 Exhibits to #21 Rule 26 Disclosure by Wendell M. Waggener. (Petty, Jonathan) Modified on 10/13/2009 by Clerk's Office (kyou, ).
October 9, 2009 Filing 21 Rule 26 Disclosure by Wendell M. Waggener. (Attachments: #1 Appendix Attachments to Rule 26 Expert Disclosure)(Petty, Jonathan)
August 24, 2009 Opinion or Order 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, )
August 24, 2009 Set/Reset Hearings: Jury Trial set for 1/6/2010 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
August 24, 2009 Set/Reset Hearings: Final Pretrial Conference set for 12/9/2009 at 10:00 AM before District Judge Robert E. Payne. (sneal, )
August 24, 2009 Opinion or Order 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, )
August 24, 2009 for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 8/24/2009. (sneal, )
July 28, 2009 Opinion or Order 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, )
July 28, 2009 Opinion or Order 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, )
July 6, 2009 Notice of Correction: Document #15 incorrectly filed; Document #16 replaces document #15; attorney selected the incorrect title from the menu; (lsal)
July 6, 2009 Filing 16 Rule 26 Disclosure by Wendell M. Waggener. (Petty, Jonathan)
July 6, 2009 Filing 15 Discovery Designation by Wendell M. Waggener.(Petty, Jonathan)
July 6, 2009 Filing 14 Rule 26 Disclosure by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
June 24, 2009 Filing 13 Financial Interest Disclosure Statement (Local Rule 7.1) by Northern Neck Surgical Services, Inc.. (Herbert, Ronald)
June 24, 2009 Filing 12 Discovery Plan by Wendell M. Waggener, Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D..(Herbert, Ronald)
June 15, 2009 Filing 11 Withdrawal of Motion by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. re #6 MOTION to Remand (Herbert, Ronald)
June 15, 2009 Filing 10 Withdrawal of Motion by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D. re #4 MOTION to Dismiss (Herbert, Ronald)
June 8, 2009 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)
June 8, 2009 Filing 8 ANSWER to #1 Complaint with Jury Demand by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D..(Herbert, Ronald)
June 8, 2009 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, ).
June 8, 2009 Filing 6 MOTION to Remand by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
June 8, 2009 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, ).
June 8, 2009 Filing 4 MOTION to Dismiss by Northern Neck Surgical Services, Inc., Steven J. Oltermann, M.D.. (Herbert, Ronald)
May 29, 2009 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, )
May 4, 2009 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)
May 1, 2009 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)
January 8, 2000 Filing 50 PLaintiff's Exhibits 1 and 2 placed in the ECF file per verbal order of Judge Payne(sneal, )

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Defendant: Northern Neck Surgical Services, Inc.
Represented By: Ronald Paul Herbert
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Defendant: Steven J. Oltermann, M.D.
Represented By: Ronald Paul Herbert
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Plaintiff: Wendell M. Waggener
Represented By: Jonathan Monroe Petty
Represented By: Timothy Andrew Litzenburg
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