Johnson et al v. United States of America

Federal Civil Lawsuit South Carolina District Court, Case No. 2:17-cv-00885
District Judge Richard M. Gergel, presiding
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District Judge Richard M. Gergel
Last Updated July 29, 2025 at 5:29 PM EDT (8.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Hillary Elliott, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James R. Brauchle +1 843 216 9000 +1 843 216 9440
Space Robert Mills Ariail, Jr.
Space Mary Schiavo +1 843 216 9374
No Logo Patrick, Johnson,, Plaintiff

Represented by Motley Rice, LLC

Name Phone Fax E-Mail
Space James Richard Brauchle +1 843 216 9243 +1 843 216 9450 jbrauchle@motleyrice.com
Space Mary Schiavo +1 843 216 9138 +1 843 216 9440 mschiavo@motleyrice.com

Represented by R Mills Ariail Jr Law Office

Name Phone Fax E-Mail
Space Robert Mills Ariail, Jr. mills@rmalawoffice.com
v.
United States of America United States of America, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Lee Ellis Berlinsky +1 843 727 4381 +1 843 727 4443 lee.berlinsky@usdoj.gov
Space Michael W Kerns +1 202 616 4020 +1 202 616 4002 michael.kerns@usdoj.gov
Attributes
Nature of Suit 310 - Personal Injury: Airplane
Cause Section 28 U.S.C. § 2671 Federal Tort Claims Act
Jurisdiction U.S. Government Defendant
Case Status closed
Jury Demand None
Timeline
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Legal Document (Payment Possibly Required) 31 Filed: 1/9/2019, Entered: 1/9/2019 Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion to Approve Settlement held on May 18, 2018, before Judge Richard M. Gergel. Court Reporter/Transcriber Tana J. Hess, Telephone number/E-mail 843.779.0837 tana_hess@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/30/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/9/2019. (thes, )
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Sealed Legal Document 30 Filed: 5/18/2018, Entered: 5/18/2018
Sealed Document Exhibit B. (sshe, )
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Legal Document (Payment Possibly Required) 29 Filed: 5/18/2018, Entered: 5/18/2018
ORDER granting a joint motion to approve the settlement of the above-captioned wrongful death and survival actions (Dkt. Nos. 24 , 25 ). The Court finds that the proposed settlements are in the best interest of the statutory beneficiaries and approves the settlements as proposed. The settlement terms, as set forth in the attached Stipulation for Compromise Settlement and Release of All Claims (Exhibits A, B), are hereby incorporated into and made part of this order. The Court, having approved the settlements as proposed, hereby dismisses this action with prejudice. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/18/2018. (Attachments: # 1 Exhibit A Stipulation for Compromise Settlement and Release of All Claims Estate of Michael Johnson, # 2 Exhibit B Stipulation for Compromise Settlement and Release of All Claims Estate of Joseph Johnson, # 3 Exhibit C Letter from Plaintiffs' counsel, # 4 Exhibit D Patrick Johnson Disbursement Statement, # 5 Exhibit E Hillary Elliott Disbursement Statement)(sshe, )
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Blank 28 Filed: 5/18/2018, Entered: 5/18/2018
Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 5/18/2018 re 25 Motion for Hearing for Approval of Wrongful Death Settlement filed by Patrick Johnson, 24 MOTION for Hearing for Approval of Wrongful Death Settlement filed by Hillary Elliott. Court to issue an order approving settlement. Court Reporter Tana Hess. (erav, )
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Blank 27 Filed: 5/14/2018, Entered: 5/14/2018
NOTICE OF RESCHEDULED HEARING Motion Hearing re 24 , 25 Motion for Hearing for Approval of Wrongful Death Settlement originally set for 5/15/2018 10:00 AM cancelled and rescheduled to: Motion Hearing re 24 , 25 Motion for Hearing for Approval of Wrongful Death Settlement set for 5/18/2018 11:00 AM in Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (erav, )
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Blank 26 Filed: 4/30/2018, Entered: 4/30/2018
NOTICE of Hearing on 24 and 25 MOTIONS for Hearing for Approval of Wrongful Death Settlement, : Motion Hearings set for 5/15/2018 at 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. All parties must be present at the settlement hearing. All settlement documents and proposed orders must be forwarded to the Court at least 5 business days before the scheduled hearing date.(ltap, )
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Legal Document (Payment Possibly Required) 25 Filed: 4/27/2018, Entered: 4/27/2018
MOTION for Hearing for Approval of Wrongful Death Settlement by Patrick Johnson. Response to Motion due by 5/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brauchle, James)
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Legal Document (Payment Possibly Required) 24 Filed: 4/27/2018, Entered: 4/27/2018
MOTION for Hearing for Approval of Wrongful Death Settlement by Hillary Elliott. Response to Motion due by 5/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brauchle, James)
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Blank 23 Filed: 2/21/2018, Entered: 2/21/2018
TEXT ORDER: Plaintiff recently moved to reopen this case because the Government had not yet consummated the parties' negotiated settlement. (Dkt. No. 20). The Government responded to this motion by advising the Court that the necessary settlement approval within the Department of Justice was recently obtained and requesting 60 additional days to consummate the settlement. (Dkt. No. 22). For good cause shown, the Government's request to extend the time to reopen the case an additional 60 days is granted. The Plaintiff's motion to reopen the case is denied without prejudice. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/21/18.(ltap, )
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Legal Document (Payment Possibly Required) 22 Filed: 2/20/2018, Entered: 2/20/2018
RESPONSE to Motion re 20 MOTION to Reopen Case Response filed by United States of America.Reply to Response to Motion due by 2/27/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Berlinsky, Lee)
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Blank 21 Filed: 2/13/2018, Entered: 2/13/2018
TEXT ORDER re 20 MOTION to Reopen Case filed by Patrick Johnson, Hillary Elliott. The time to file a response to Motion is shortened to 2/20/18. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/13/18. (ltap, )
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Legal Document (Payment Possibly Required) 20 Filed: 2/13/2018, Entered: 2/13/2018
MOTION to Reopen Case by Hillary Elliott, Patrick Johnson. Response to Motion due by 2/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brauchle, James)
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Legal Document (Payment Possibly Required) 19 Filed: 12/15/2017, Entered: 12/15/2017
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Richard M Gergel on 12/15/2017. (sshe, )
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Legal Document (Payment Possibly Required) 17 Filed: 11/16/2017, Entered: 11/16/2017
AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness was due by 11/13/2017,, Defendants ID of Expert Witnesses Due by 12/11/2017,, Records Custodian Affidavit due by 12/18/2017,, Discovery due by 1/16/2018,, Motion in Limine due by 15 business days prior to scheduled trial date,, Motions due by 1/23/2018,, Rule 26(a)(3) Disclosures due by 21 business days prior to scheduled trial date,, Pretrial Briefs due by 5 business days prior to scheduled trial date,, Case ready for Trial Deadline on or after 3/1/2018 Signed by Honorable Richard M Gergel on 11/16/2017. (sshe, )
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Legal Document (Payment Possibly Required) 16 Filed: 10/25/2017, Entered: 10/25/2017
ANSWER to 15 Amended Complaint by United States of America.(Berlinsky, Lee)
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Legal Document (Payment Possibly Required) 15 Filed: 10/11/2017, Entered: 10/11/2017
AMENDED COMPLAINT against United States of America, filed by Hillary Elliott, Patrick Johnson. Service due by 1/9/2018 (Brauchle, James)
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Legal Document (Payment Possibly Required) 14 Filed: 8/17/2017, Entered: 8/17/2017
Local Rule 26.03 Answers to Interrogatories by Hillary Elliott, Patrick Johnson.(Brauchle, James)
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Legal Document (Payment Possibly Required) 13 Filed: 8/17/2017, Entered: 8/17/2017
Joint Rule 26(f) Report by Hillary Elliott, Patrick Johnson.(Brauchle, James) (Main Document 13 replaced on 8/18/2017) (egra, ). (Additional attachment(s) added on 8/18/2017: # 1 Proposed Order) (egra, ). Modified on 8/18/2017 to add 26f report as main document and proposed order as attachment (egra, ).
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Legal Document (Payment Possibly Required) 12 Filed: 8/17/2017, Entered: 8/17/2017
Local Rule 26.03 Answers to Interrogatories by United States of America.(Berlinsky, Lee)
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Legal Document (Payment Possibly Required) 11 Filed: 7/18/2017, Entered: 7/18/2017
ORDER granting 9 Motion of Michael W. Kerns to Appear Pro Hac Vice for United States of America. Signed by Honorable Richard M Gergel on 7/18/2017.(sshe, )
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Legal Document (Payment Possibly Required) 10 Filed: 7/13/2017, Entered: 7/13/2017
SCHEDULING ORDER Rule 26(f) Conference Deadline 8/3/2017, 26(a) Initial Disclosures due by 8/17/2017, Rule 26 Report due by 8/17/2017, Motions to Amend Pleadings due by 10/11/2017, Plaintiffs ID of Expert Witness due by 11/13/2017, Defendants ID of Expert Witnesses Due by 12/11/2017, Records Custodian Affidavit due by 12/18/2017, Discovery due by 1/9/2018, Motion in Limine due by 15 business days prior to jury selection, Motions due by 1/23/2018, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Trial Deadline on or after 5/7/2018 Signed by Honorable Richard M Gergel on 7/13/2017. (sshe, )
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Legal Document (Payment Possibly Required) 9 Filed: 7/13/2017, Entered: 7/13/2017
MOTION to Appear Pro Hac Vice by Michael W. Kerns by United States of America. Response to Motion due by 7/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Berlinsky, Lee)
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Legal Document (Payment Possibly Required) 8 Filed: 7/13/2017, Entered: 7/13/2017
Local Rule 26.01 Answers to Interrogatories by United States of America.(Berlinsky, Lee)
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Legal Document (Payment Possibly Required) 7 Filed: 7/13/2017, Entered: 7/13/2017
ANSWER to 1 Complaint by United States of America.(Berlinsky, Lee)
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Legal Document (Payment Possibly Required) 6 Filed: 5/23/2017, Entered: 5/23/2017
SUMMONS Returned Executed on Jeff Sessions, Attorney General by Hillary Elliott, Patrick Johnson. United States of America served on 4/26/2017, answer due 6/26/2017. (Attachments: # 1 Summons)(Brauchle, James)
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Legal Document (Payment Possibly Required) 5 Filed: 5/23/2017, Entered: 5/23/2017
SUMMONS Returned Executed on Beth Drake, U.S. Attorney by Hillary Elliott, Patrick Johnson. United States of America served on 4/24/2017, answer due 6/23/2017. (Attachments: # 1 Summons)(Brauchle, James)
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Legal Document (Payment Possibly Required) 3 Filed: 4/4/2017, Entered: 4/5/2017
Summons Issued as to United States of America. U.S. Attorney and U.S. Attorney General. (sshe, )
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Legal Document (Payment Possibly Required) 2 Filed: 4/4/2017, Entered: 4/5/2017
Local Rule 26.01 Answers to Interrogatories by Hillary Elliott, Patrick Johnson.(sshe, )
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Legal Document (Payment Possibly Required) 1 Filed: 4/4/2017, Entered: 4/5/2017
COMPLAINT against United States of America ( Filing fee $ 400 receipt number 0420-7085392.), filed by Hillary Elliott, Patrick Johnson. Service due by 7/3/2017(sshe, )
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