Payne et al v. United States of America
Plaintiff: Robert A. Payne and Gloria J. Payne
Defendant: 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 U.S.C. § 2671
Jury Demanded By: None
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 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 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 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 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.]
February 1, 2019 Set Deadlines/Hearings: United States of America answer due 2/24/2019. (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 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.]
November 12, 2018 Filing fee: $400.00, receipt number 113J-2481334. (evs) [Transferred from Georgia Southern on 4/8/2019.]

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Plaintiff: Robert A. Payne
Represented By: Dale C. Ray, Jr.
Represented By: Brewster S. Rawls
Represented By: Glen H. Sturtevant, Jr.
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Plaintiff: Gloria J. Payne
Represented By: Dale C. Ray, Jr.
Represented By: Brewster S. Rawls
Represented By: Glen H. Sturtevant, Jr.
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Defendant: United States of America
Represented By: Otto Woelke Leithart
Represented By: Shannon Heath Statkus
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