Colorado District Court, Case No. 1:03-cv-01229-LTB-OES:
Brundage v. USA
Judge Lewis T. Babcock, presiding

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No Logo Donald J. Brundage, Jr., Plaintiff

W. Thomas Beltz
bestlawllp.com Law Firm Placeholder
Phone: +1 719 473 4444
Fax: +1 719 444 0186

v.
USA, Defendant

Elizabeth Ann Weishaupl
United States Department of Justice
Phone: +1 303 454 0100
Fax: +1 303 454 0404
E-Mail: elizabeth.weishaupl@usdoj.gov

Habib Nasrullah
Wheeler Trigg O'Donnell, LLP
Phone: +1 303 244 1800
Fax: +1 303 244 1879
E-Mail: nasrullah@wtklaw.com

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Office Denver
Filed 7/7/2003
Jury Demand None
Demand $0
Nature of Suit 362 - Personal Injury: Med. Malpractice
Cause Section 28 U.S.C. § 1391 Personal Injury
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Settled
County El Paso
Terminated 3/16/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags NDISPO, TERMED
 -- Filed: 7/7/2003, Entered: 7/8/2003 Filing Fee Received
FILING FEE PAID: on 7/7/03 in the amount of $ 150, receipt # 244642. (bpm)
 1 Filed: 7/7/2003, Entered: 7/8/2003 Complaint
COMPLAINT (Summons(es) issued) (bpm)
 2 Filed: 11/13/2003, Entered: 11/14/2003 Answer to Complaint
ANSWER by defendant USA to complaint [1-1] (dlb)
 3 Filed: 11/19/2003, Entered: 11/20/2003 Order Referring Case to Magistrate Judge Court Filing
ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge O. E. Schlatter by Chief Judge Lewis T. Babcock (cc: to counsel) (dlb)
 4 Filed: 11/20/2003, Entered: 11/20/2003 Rule 16 Conference Court Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 9:45 2/10/04 (cc: all counsel) (dlb)
 5 Filed: 1/20/2004, Entered: 1/21/2004 Certificate
CERTIFICATE OF REVIEW pursuant to C.R.S. 13-20-602 filed by plaintiff Donald J. Brundage Jr. (former empl)
 6 Filed: 1/20/2004, Entered: 1/21/2004 Notice of Entry of Appearance
ATTORNEY APPEARANCE for plaintiff Donald J. Brundage Jr. by W. Thomas Beltz (former empl)
 7 Filed: 2/10/2004, Entered: 2/10/2004 Scheduling Order Court Filing
SCHEDULING ORDER approved by Magistrate Judge O. E. Schlatter ; Discovery cutoff 12/30/05 (sic) ;dispositive motions due 1/31/05 settlement conference 10:30 8/30/04 ; pretrial conference set 9:00 3/1/05 ; parties anticipate 14 day bench trial on this federal tort claim act (cc: all counsel) (former empl)
 8 Filed: 2/10/2004, Entered: 2/10/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 10:30 8/30/04 ; pretrial conf set for 9:00 3/1/05 (cc: all counsel) ; entry date : 2/10/04 (former empl)
 9 Filed: 2/11/2004, Entered: 2/13/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock ;8 day jury trial set for 8:30 5/2/05 ; Trial prep conference set for 8:00 4/5/05 (cc: all counsel) ; entry date : 2/13/04 (former empl)
 10 Filed: 5/19/2004, Entered: 5/20/2004 Notice of Entry of Appearance
ATTORNEY APPEARANCE for defendant USA by Habib Nasrullah and request for notices (erv) Modified on 05/20/2004
 11 Filed: 6/17/2004, Entered: 6/18/2004, Terminated: 6/21/2004 Motion for Extension of Time
Unopposed MOTION by defendant USA to extend time to respond to Pla's First set of Interrogatories and request for production of documents to Dft USA to and incl 6/24/04 (erv)
 12 Filed: 6/17/2004, Entered: 6/18/2004 Certificate of Compliance
Certificate of Compliance by defendant USA re: motion to extend time to respond to Pla's First set of Interrogatories and request for production of documents to Dft USA to and incl 6/24/04 [11-1] (erv)
 13 Filed: 6/18/2004, Entered: 6/21/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to extend time to respond to Pla's First set of Interrogatories and request for production of documents to Dft USA to and incl 6/24/04 [11-1] (erv)
 14 Filed: 6/21/2004, Entered: 6/22/2004 Order Court Filing
ORDER by Magistrate Judge O. E. Schlatter granting Dfts unopposed motion to extend time to respond to Pla's First set of Interrogatories and request for production of documents to Dft USA to and incl 6/24/04 [11-1] (cc: all counsel) ; entry date : 6/22/04 (erv)
 15 Filed: 8/30/2004, Entered: 8/31/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 2/22/05 (cc: all counsel) ; entry date : 8/31/04 (erv)
 16 Filed: 8/30/2004, Entered: 8/31/2004 Memorandum Court Filing
MEMORANDUM by Magistrate Judge O. E. Schlatter ; settlement conf held 8/30/04 (erv)
 17 Filed: 9/30/2004, Entered: 10/1/2004, Terminated: 10/1/2004 Motion for Extension of Time
Unopposed MOTION by plaintiff Donald J. Brundage Jr. to extend time to Disclose Medical and Non-medical Experts (erv)
 18 Filed: 9/30/2004, Entered: 10/1/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to extend time to Disclose Medical and Non-medical Experts [17-1] (erv)
 19 Filed: 10/1/2004, Entered: 10/4/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to Disclose Medical and Non-medical Experts [17-1]; Parties shall file their medical expert disclosures on or before 10/4/04; shall have to and incl 11/4/04 to file rebuttal expert disclosures; and shall make non-medical expert disclosures on or before 12/31/04 ; discovery ddl Reset 1/31/05 (cc: all counsel) ; entry date : 10/4/04 (erv)
 20 Filed: 11/4/2004, Entered: 11/8/2004, Terminated: 11/5/2004 Motion to Amend/Correct/Modify
Unopposed MOTION to Amend [7] the Scheduling Order, by Defendant USA. (erv, )
 21 Filed: 11/5/2004, Entered: 11/9/2004 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge O.E. Schlatter [20] Dfts Unopposed MOTION to Amend [7] Scheduling Order, filed by USA by Chief Judge Lewis T. Babcock on 11/5/04. (erv, )
 22 Filed: 11/5/2004, Entered: 11/9/2004 Order on Motion to Amend/Correct/Modify Court Filing
Minute ORDER granting [20] Dft's unopposed Motion to Amend the Scheduling Order by Magistrate Judge O. Edward Schlatter on 11/5/04. (erv, )
 23 Filed: 12/2/2004, Entered: 12/3/2004 Order Court Filing
MINUTE ORDER Status Conference set for 12/9/2004 10:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. by Magistrate Judge O. Edward Schlatter on 12/2/04. (erv, )
 24 Filed: 12/17/2004, Entered: 12/21/2004 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law by Defendant USA. (erv, )
 25 Filed: 1/7/2005, Entered: 1/11/2005, Terminated: 1/10/2005 Motion for Extension of Time
Unopposed MOTION to Extend time to respond to MOTION to Dismiss for Lack of Jurisdiction[24] by Plaintiff Donald J. Brundage, Jr. (erv, )
 26 Filed: 1/10/2005, Entered: 1/12/2005 Order on Motion for Extension of Time Court Filing
ORDER granting [25] Pla's Unopposed Motion to Extend time to respond to Dfts Motion to Dismiss to and incl 2/9/05. Signed by Chief Judge Lewis T. Babcock on 1/10/05. (erv, )
 27 Filed: 1/31/2005, Entered: 2/3/2005 Motion to Stay
Unopposed MOTION to Stay Discovery pending resolution of [24] MOTION to Dismiss for Lack of Jurisdiction, by Defendant USA. (erv, )
 28 Filed: 2/1/2005, Entered: 2/4/2005 Memorandum Court Filing
MEMORANDUM referring to Magistrate Judge Schlatter : [27] Unopposed MOTION to Stay Discovery pending resolution of [24] MOTION to Dismiss for Lack of Jurisdiction filed by USA, by Chief Judge Lewis T. Babcock on 2/1/05. (erv, )
 29 Filed: 2/9/2005, Entered: 2/14/2005 Motion to Dismiss
Stipulation ( MOTION) for Dismissal With Prejudice by Plaintiff Donald J. Brundage, Jr, Defendant USA. (gms, )
 30 Filed: 2/9/2005, Entered: 2/14/2005 Order on Motion to Stay Court Filing
Minute ORDER finding as moot Dft's Unopposed [27] Motion to Stay Discovery Pending Resolution of Motion to Dismiss, by Magistrate Judge O. Edward Schlatter on 2/9/05. (gms, )
 31 Filed: 2/10/2005, Entered: 2/14/2005 Order Court Filing
MINUTE ORDER : Settlement Conference set for 2/28/2005 09:00 AM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge O. Edward Schlatter on 2/10/05. (gms, )
 32 Filed: 2/28/2005, Entered: 3/1/2005 Order Court Filing
ORDER Regarding attorney fees. Dft is Ordered to pay Dr Silberman's charges for two hours of preparation time. Pla shall bear trhe costs for the remainder of any preparation charges. The parties are ORDERED to file a joint Stipulated dismissal of this case within fifteen days. Signed by Magistrate Judge O. Edward Schlatter on 2/28/05. (erv, )
 33 Filed: 3/15/2005, Entered: 3/16/2005, Terminated: 3/16/2005 Motion to Dismiss
Stipulation to Dismiss this action with Prejudice, each party to pay their own atty fees and costs, by Plaintiff Donald J. Brundage, Jr, Defendant USA. (erv, )
 34 Filed: 3/16/2005, Entered: 3/21/2005 Order on Motion to Dismiss Court Filing
ORDER granting [33] Stipulation to Dismiss this action with prejudice, each party to pay their own atty fees and costs. Signed by Chief Judge Lewis T. Babcock on 3/16/05. (erv, )

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