Payne et al v. United States of America

Case Number: 5:2019cv00255
Filed: April 8, 2019
Court: US District Court for the Southern District of West Virginia
Office: Beckley Office
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:2671 Federal Tort Claims Act

Docket Report

This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2019 Filing 25 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (btm)
April 8, 2019 Filing 24 CASE TRANSFERRED IN from the Georgia Southern; Case Number 4:18-cv-00265. Original file certified copy of transfer order and docket sheet received.
April 8, 2019 Opinion or Order Filing 23 ORDER adopting re #21 Report and Recommendations as the Court's opinion in this case; granting #15 Motion to Transfer Venue, transferring this action to the United States District Court for the Southern District of West Virginia; denying #16 Motion to Stay. Signed by Judge William T. Moore, Jr on 4/8/19. (trb) [Transferred from Georgia Southern on 4/8/2019.]
April 1, 2019 Filing 22 RESPONSE to #21 REPORT AND RECOMMENDATIONS re #16 MOTION to Stay re #15 MOTION Transfer Venue filed by United States of America, #15 MOTION Transfer Venue filed by United States of America filed by Gloria J. Payne, Robert A. Payne. (Sturtevant, Glen) [Transferred from Georgia Southern on 4/8/2019.]
March 18, 2019 Filing 21 REPORT AND RECOMMENDATIONS granting #15 MOTION Transfer Venue and denying, in part #16 MOTION to Stay filed by United States of America. All deadlines are, however, STAYED pending the District Judges review of this Report and Recommendation. Objections to R&R due by 4/1/2019. Signed by Magistrate Judge Christopher L. Ray on 3/18/19. (trb) Modified on 3/19/2019 (jrb). [Transferred from Georgia Southern on 4/8/2019.]
March 11, 2019 Filing 20 ANSWER to Complaint by United States of America.(Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
March 8, 2019 Filing 19 REPLY to Response to Motion re #15 MOTION Transfer Venue filed by United States of America. (Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
February 26, 2019 Filing 18 NOTICE of Intent to Reply by United States of America re #17 Response in Opposition to Motion. (Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
February 22, 2019 Filing 17 RESPONSE in Opposition re #15 MOTION Transfer Venue filed by Robert A. Payne. (Attachments: #1 Exhibit)(Sturtevant, Glen) [Transferred from Georgia Southern on 4/8/2019.]
February 11, 2019 Motions No Longer Referred: #15 MOTION Transfer Venue . (trb) [Transferred from Georgia Southern on 4/8/2019.]
February 8, 2019 MOTIONS REFERRED: #16 MOTION to Stay re #15 MOTION Transfer Venue , #15 MOTION Transfer Venue . (trb) [Transferred from Georgia Southern on 4/8/2019.]
February 8, 2019 Filing 16 MOTION to Stay re #15 MOTION Transfer Venue by United States of America. Responses due by 2/22/2019. (Attachments: #1 Text of Proposed Order)(Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
February 8, 2019 Filing 15 MOTION Transfer Venue by United States of America. Responses due by 2/22/2019. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
February 4, 2019 Filing 14 NOTICE of Appearance by Otto Woelke Leithart on behalf of United States of America (Leithart, Otto) [Transferred from Georgia Southern on 4/8/2019.]
February 1, 2019 Set Deadlines/Hearings: United States of America answer due 2/24/2019. (jrb) [Transferred from Georgia Southern on 4/8/2019.]
February 1, 2019 Filing 13 Stay lifted due to appropriations. (See MC 119-002, Docs. 1, 3.) Answer by the United States of America due on 2/24/19. (jrb) [Transferred from Georgia Southern on 4/8/2019.]
January 11, 2019 Opinion or Order Filing 12 ADMINISTRATIVE ORDER STAYING CIVIL PROCEEDINGS IN LIGHT OF LAPSE OF APPROPRIATIONS. Signed by Chief Judge J. Randal Hall on 1/11/19. (trb) [Transferred from Georgia Southern on 4/8/2019.]
January 11, 2019 Opinion or Order Filing 11 ORDER granting #9 Motion to Stay. Signed by Magistrate Judge Christopher L. Ray on 01/11/2019. (evk) [Transferred from Georgia Southern on 4/8/2019.]
January 8, 2019 Case Reassigned to Magistrate Judge Christopher L. Ray. Magistrate Judge James E. Graham no longer assigned to the case. (loh) [Transferred from Georgia Southern on 4/8/2019.]
January 7, 2019 Filing 10 RESPONSE to Motion re #9 MOTION to Stay (due to lapse in appropriations) filed by Gloria J. Payne, Robert A. Payne. (Sturtevant, Glen) [Transferred from Georgia Southern on 4/8/2019.]
January 4, 2019 Filing 9 MOTION to Stay (due to lapse in appropriations) by United States of America. Responses due by 1/18/2019. (Attachments: #1 Text of Proposed Order)(Statkus, Shannon) [Transferred from Georgia Southern on 4/8/2019.]
December 7, 2018 Set/Reset Deadlines: Gloria J. Payne answer due 1/19/2019. (trb) [Transferred from Georgia Southern on 4/8/2019.]
December 7, 2018 Filing 8 SUMMONS Returned Executed by Gloria J. Payne. (Ray, Dale) [Transferred from Georgia Southern on 4/8/2019.]
December 7, 2018 Filing 7 SUMMONS Returned Executed by Robert A. Payne. United States of America served on 11/19/2018, answer due 1/19/2019. (Ray, Dale) Modified on 12/12/2018 (trb). [Transferred from Georgia Southern on 4/8/2019.]
December 6, 2018 Opinion or Order Filing 6 TEXT ORDER granting #4 Motion for Leave to Appear PRO HAC VICEPRO HAC VICE; granting #5 Motion for Leave to Appear PRO HAC VICEPRO HAC VICE. Signed by Magistrate Judge James E. Graham on 12/06/18. (sff) [Transferred from Georgia Southern on 4/8/2019.]
December 5, 2018 Filing 5 MOTION for Leave to Appear Pro Hac Vice Receipt Number 113J-2494675, Fee Amount $200, by Robert A. Payne. Responses due by 12/19/2018. (Ray, Dale) [Transferred from Georgia Southern on 4/8/2019.]
December 5, 2018 Filing 4 MOTION for Leave to Appear Pro Hac Vice Receipt Number 113J-2494670, Fee Amount $200, by Gloria J. Payne. Responses due by 12/19/2018. (Ray, Dale) [Transferred from Georgia Southern on 4/8/2019.]
November 13, 2018 Filing 3 Summons Issued as to United States of America: U.S. Attorney and U.S. Attorney General. (evs) [Transferred from Georgia Southern on 4/8/2019.]
November 13, 2018 Opinion or Order Filing 2 GENERAL ORDER: Report of 26(f) planning meeting. Signed by Magistrate Judge James E. Graham on 11/13/2018. (Attachments: #1 Litigants' Bill of Rights) (evs) [Transferred from Georgia Southern on 4/8/2019.]
November 12, 2018 Filing fee: $400.00, receipt number 113J-2481334. (evs) [Transferred from Georgia Southern on 4/8/2019.]
November 12, 2018 Filing 1 COMPLAINT against United States of America, filed by Robert A. Payne, Gloria J. Payne. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Claim for Damage, Injury, or Death, #3 Exhibit B - Plaintiff's Notice of Claim, #4 Exhibit C - Plaintiffs' Screening Certificate of Merit)(evs) [Transferred from Georgia Southern on 4/8/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the West Virginia Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Payne et al v. United States of America
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?