Kleintop v. The United States of America
| William Kleintop |
| The United States of America |
| 5:2023cv00690 |
| October 17, 2023 |
| US District Court for the Southern District of West Virginia |
| Frank W Volk |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
Docket Report
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THIS CIVIL ACTION HAS BEEN CONSOLIDATED WITH CIVIL ACTION NO. 5:23-cv-00243 AS OF 11/22/2023; CIVIL ACTION NO. 5:23-cv-00243 HAS BEEN DESIGNATED AS THE LEAD ACTION; ALL FURTHER PROCEEDINGS SHALL BE CAPTIONED AND DOCKETED THEREIN. (lca)
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Filing 11
ORDER directing that that Kleintop v. United States, 5:23-cv-00690, be provisionally CONSOLIDATED with Abner v. United States, 5:23-cv-00243, and its member cases pending further Order of the Court. Abner remains designated as the lead case, and all future filings will be made therein; For purposes of responding to the Complaints, in the event the United States desires to file a responsive pleading in one or more cases, it may file the same as a separate document(s) in the lead action as to each Complaint. In the event that the United States moves pursuant to Rule 12 in one or more of the cases, it is ORDERED to do so by filing a consolidated motion to dismiss respecting those actions, along with a consolidated memorandum of law not to exceed thirty (30)pages in length, with the same limit governing any consolidated response thereto, and a twenty (20) page limit respecting any consolidated reply. Signed by Judge Frank W. Volk on 11/22/2023. (cc: counsel of record; any unrepresented party) (lca)
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Filing 10
ANSWER TO #1 Complaint by The United States of America.(Westfall, Fred)
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RESET ANSWER DEADLINE for The United States of America to 1/2/2024.
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Filing 9
SUMMONS RETURNED EXECUTED by William Kleintop for service re: #2 Summons upon The United States of America, c/o Merrick B. Garland, Attorney General, re: #1 Complaint. Return Receipt Card signed by Merrick B. Garland. The United States of America, c/o Merrick B. Gardland, served on 10/29/2023. (New, Stephen) (Modified on 11/7/2023 to convert event to summons returned executed as to USA, to remove answer deadline and to link #2 Summons) (mk)
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Filing 8
SUMMONS RETURNED EXECUTED by William Kleintop for service re: #2 Summons upon The United States of America, c/o William S. Thompson, U.S. Attorney, re: #1 Complaint. Return Receipt Card signed by William S. Thompson. Person Served: U.S. Attorney for the So. District. The United States of America served on 11/2/2023, answer due 1/2/2024. (New, Stephen) (Modified on 11/7/2023 to convert event to summons returned executed as to USA, to correct answer deadline and to link #2 Summons) (mk).
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Filing 7
SUPPLEMENTAL RESPONSE by The United States of America to the Court's #4 Order to Show Cause. (Westfall, Fred)
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Filing 6
RESPONSE by The United States of America to the Court's #4 Order to Show Cause. (Westfall, Fred)
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Filing 5
CONSENT by William Kleintop to Consolidation in response to the Court's #4 Order to Show Cause. (Taylor, Amanda)
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Filing 4
ORDER TO SHOW CAUSE directing the Plaintiff to show cause in writing why this case should not be consolidated with Abner v. United States, 5:23-cv-00243, and its member cases pursuant to Federal Rule of Civil Procedure 42(a); failure to respond to this order within ten (10) days or the failure to show good cause will result in the consolidation of these cases. Signed by Judge Frank W. Volk on 10/30/2023. (cc: counsel of record; any unrepresented party) (msa)
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Filing 3
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: counsel of record; any unrepresented party) (msa)
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Filing 2
ELECTRONIC SUMMONS ISSUED as to The United States of America, re: #1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons Issued - US Attorney General) (msa) (Modified on 10/18/2023 to flatten and replace images) (msa).
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8518630. (Attachments: #1 Proposed Summons - US Attorney, #2 Proposed Summons - US Attorney General, #3 Civil Cover Sheet) (msa)
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CASE assigned to Judge Frank W. Volk. (klc)
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| Plaintiff: William Kleintop | |
| Represented By: | Amanda J. Taylor |
| Represented By: | Stephen P. New |
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| Defendant: The United States of America | |
| Represented By: | Fred B. Westfall, Jr. |
| Represented By: | Jason S. Bailey |
| Represented By: | Jennifer M. Mankins |
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