Whitcomb v. United States of Ame, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:01-cv-00846-SOM-KSC
District Judge SUSAN OKI MOLLWAY, presiding

Tags No tags have been applied so far. Sign in to add some.
Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Carol Whitcomb, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Richard Harvey Gasperini +1 804 783 1100 +1 804 346 5954

Toggle Switch Represented by Matsui Chung Sumida & Tsuchiyama

Name Phone Fax E-Mail
Space Randall Y.S. Chung +5363 536 536 3711 +1 808 599 2979 info@triallawhawaii.com

Toggle Switch Represented by William McPike Attorney at Law

Name Phone Fax E-Mail
Space Michael S. Ioane - Pro Se Filer, Sr. +1 209 436 9033 +1 804 783 1138 info@truthinlaw.org
v.
United States of America United States of America, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
No Logo Buddy Karl Festerling, Cross-Claimant

Toggle Switch Represented by Burke McPheeters Bordner & Estes

Name Phone Fax E-Mail
Space Howard F. McPheeters +5239 523 523 9833 hmcpheet@bmbe-law.com
Space John N.K. Reyes-Burke +5239 523 523 9833 jburke@bmbe-law.com
No Logo Straub Clinic and Hospital, Inc., Cross-Claimant

Toggle Switch Represented by Burke McPheeters Bordner & Estes

Name Phone Fax E-Mail
Space Howard F. McPheeters +5239 523 523 9833 hmcpheet@bmbe-law.com
Space John N.K. Reyes-Burke +5239 523 523 9833 jburke@bmbe-law.com
Space Jan M. Tamura +5239 523 523 9833 jtamura@bmbe-law.com

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
United States of America United States of America, Cross-Claimant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
No Logo Buddy Karl Festerling, Cross-Defendant

Toggle Switch Represented by Burke McPheeters Bordner & Estes

Name Phone Fax E-Mail
Space Howard F. McPheeters +5239 523 523 9833 hmcpheet@bmbe-law.com
Space John N.K. Reyes-Burke +5239 523 523 9833 jburke@bmbe-law.com
United States of America United States of America, Cross-Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
No Logo Straub Clinic and Hospital, Inc., Third Party Defendant

Toggle Switch Represented by Burke McPheeters Bordner & Estes

Name Phone Fax E-Mail
Space Howard F. McPheeters +5239 523 523 9833 hmcpheet@bmbe-law.com
Space John N.K. Reyes-Burke +5239 523 523 9833 jburke@bmbe-law.com
Space Jan M. Tamura +5239 523 523 9833 jtamura@bmbe-law.com

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
United States of America United States of America, Third Party Plaintiff

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space R. Michael Burke +5412 541 541 2850 mike.burke@usdoj.gov
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Office Hawaii
Filed 12/21/2001
Jury Demand Both
Demand $0
Nature of Suit 362 - Personal Injury: Medical Malpractice
Cause Section 28 U.S.C. § 1402 Medical Malpractice
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Settled
County Honolulu
Terminated 10/14/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
  Entries (109) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Blank 106 Filed: 10/14/2003, Entered: 10/16/2003 Stipulation and OrderCourt Filing
STIPULATION for dismissal with prejudice of all claims and parties and ORDER by Judge Susan O. Mollway : terminating case (sm)
    LREF
    Blank 105 Filed: 10/3/2003, Entered: 10/3/2003 Stipulation
    STIPULATION for compromise settlement and release of Federal Tort Claims Act Claims pursuant to 28 USC 2677 (sm)
      LREF
      Blank 104 Filed: 9/23/2003, Entered: 9/24/2003 Minutes-MiscellaneousCourt Filing
      EO : The time for the Status Conference regarding the filing of the Stipulation for Dismissal currently set for 10/29/2003 at 9:00 AM has been changed to 10/29/2003 at 2:30 PM before Judge Chang. cc: all parties via mail () JUDGE Mag Judge Kevin S. Chang (sm)
        LREF
        Blank 103 Filed: 8/29/2003, Entered: 9/4/2003 Minutes-MiscellaneousCourt Filing
        EP :Settlement on the Record-Case has Settled. Defendant's Counsel Michael Burke stated the Settlement for the Record. Status Conference regarding the filing of the Stipulation for Dismissal set for October 29, 2003 @9:00 a.m. before Judge Chang. If the Stipulation for Dismissal has not been submitted by October 29, 2003 this Court will enter an Order for Dismissal. ; settlement/status conference set for 9:00 10/29/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5, 1168) JUDGE Mag Judge Kevin S. Chang (sm)
          LREF
          Blank 102 Filed: 8/27/2003, Entered: 8/28/2003 Minutes-MiscellaneousCourt Filing
          EO :Settlement on the Record is set for 8/29/2003 at 11:00 AM before Judge Chang. Howard McPheeters to participate by phone. cc: all parties via fax ; () JUDGE Judge Kevin S. Chang (sm)
            LREF
            Blank 101 Filed: 8/13/2003, Entered: 8/19/2003 Stipulation and OrderCourt Filing
            STIPULATION for partial dismissal with prejudice of all claims by plaintiff against defendants Buddy Karl Festerling, M. D. and Straub Clinic and Hospital, Inc. and ORDER by Judge Susan O. Mollway : terminating party Straub Clinic, party Buddy Karl Festerling (sm)
              LREF
              Blank 100 Filed: 8/12/2003, Entered: 8/14/2003 Minutes-MiscellaneousCourt Filing
              EP : Final Pretrial Conference. Final Pretrial Conference held. Settlement conference held after pretrial conference. Plaintiff has agreed to dismiss Defendants Festerling and Straub. Stipulation for dismissal of Plaintiff's claims to be submitted to Judge Mollway. Defendant USA intends to dismiss cross-claim against Defendants Festerling and Straub. Stipulation for dismissal of cross-claim forthcoming. With dismissal of Plaintiff's claims and Defendant USA's cross-claim against Defendants Festerling and Straub, trial should be non-jury. Plaintiff to contact court re: settlement, if any, with Defendant USA by August 19. Further settlement conference on call. Length of Trial plaintiff 4-5 days; Government; 4-5 days; Lay witnesses plaintiff 2-3; government 4; Expert Witnesses: plaintiff 3; government 4 Ms. Whitcomb's deposition needs to be completed. final pretrial conference 8/12/03 before Mag Judge Kevin S. Chang ( Ct Rptr : in chambers, no record) JUDGE Mag Judge Kevin S. Chang (sm)
                LREF
                Blank 99 Filed: 8/5/2003, Entered: 8/9/2003 Miscellaneous Document
                Final PRETRIAL STATEMENT by defendant United States of Ame, third-party plaintiff United States of Ame; certificate of service (sm)
                  LREF
                  Blank 98 Filed: 8/5/2003, Entered: 8/9/2003 Miscellaneous Document
                  Final PRETRIAL STATEMENT by defendant Buddy Karl Festerling,M.D. and defendant Straub Clinic and Hospital; certificate of service (sm)
                    LREF
                    Blank 97 Filed: 8/5/2003, Entered: 8/7/2003 Miscellaneous Document
                    PRETRIAL STATEMENT by plaintiff Carol Whitcomb (sm)
                      LREF
                      Blank 96 Filed: 7/14/2003, Entered: 7/15/2003 Certificate Of Service.
                      CERTIFICATE of service by defendant United States of Ame, third-party plaintiff United States of Ame (sm)
                        LREF
                        Blank 95 Filed: 7/2/2003, Entered: 7/3/2003 Certificate Of Service.
                        CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (sm)
                          LREF
                          Blank 94 Filed: 5/27/2003, Entered: 5/29/2003 Minutes-MiscellaneousCourt Filing
                          EP : Settlement Conference. Settlement conference held. No further settlement conference scheduled. Case on call. ( Ct Rptr : chambers - no record) JUDGE Mag Judge Kevin S. (sm)
                            LREF
                            Blank 93 Filed: 4/29/2003, Entered: 5/1/2003 Minutes-MiscellaneousCourt Filing
                            EO: Settlement Conference set for 2:00 5/27/03 before Judge Kevin S. Chang; Permission granted for Mark Brennan and/or Richard Gasperini to participate by phone, (804) 783-1100 (Ct Rptr: Tape) Mag Judge Kevin S. Chang (gs)
                              LREF
                              Blank 92 Filed: 4/9/2003, Entered: 4/9/2003 Certificate Of Service.
                              CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                LREF
                                Blank 91 Filed: 4/4/2003, Entered: 4/4/2003 Certificate Of Service.
                                CERTIFICATE of service by plaintiff (lmg)
                                  LREF
                                  Blank 90 Filed: 3/25/2003, Entered: 3/27/2003 Certificate Of Service.
                                  CERTIFICATE of service by plaintiff (lmg)
                                    LREF
                                    Blank 89 Filed: 3/18/2003, Entered: 3/19/2003 Certificate Of Service.
                                    CERTIFICATE of service (lmg)
                                      LREF
                                      Blank 88 Filed: 3/7/2003, Entered: 3/12/2003 Certificate Of Service.
                                      CERTIFICATE of service by plaintiff, estate of (eps)
                                        LREF
                                        Blank 87 Filed: 3/6/2003, Entered: 3/7/2003 Certificate Of Service.
                                        CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                          LREF
                                          Blank 86 Filed: 3/6/2003, Entered: 3/7/2003 Certificate Of Service.
                                          CERTIFICATE of service by defendant United States of America, third-party plaintiff United States of America (fe)
                                            LREF
                                            Blank 85 Filed: 3/3/2003, Entered: 3/5/2003 Certificate Of Service.
                                            CERTIFICATE of service by defendant Buddy Karl Festerling, third-party defendant Straub Clinic and Ho (fe)
                                              LREF
                                              Blank 84 Filed: 3/3/2003, Entered: 3/5/2003 Certificate Of Service.
                                              CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                                LREF
                                                Blank 83 Filed: 3/3/2003, Entered: 3/5/2003 Certificate Of Service.
                                                CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                                  LREF
                                                  Blank 82 Filed: 2/21/2003, Entered: 2/21/2003 Certificate Of Service.
                                                  CERTIFICATE of service by defendant USA (lmg)
                                                    LREF
                                                    Blank 81 Filed: 11/21/2002, Entered: 11/21/2002 Certificate Of Service.
                                                    CERTIFICATE of service by defendant United States of Ame (fe)
                                                      LREF
                                                      Blank 80 Filed: 11/21/2002, Entered: 11/21/2002 Certificate Of Service.
                                                      CERTIFICATE of service by defendant United States of Ame (fe)
                                                        LREF
                                                        Blank 78 Filed: 11/14/2002, Entered: 11/15/2002 Certificate Of Service.
                                                        CERTIFICATE of service by defendant United States of Ame (fe)
                                                          LREF
                                                          Blank 77 Filed: 11/14/2002, Entered: 11/15/2002 Certificate Of Service.
                                                          CERTIFICATE of service by defendant United States of Ame (fe)
                                                            LREF
                                                            Blank 79 Filed: 11/12/2002, Entered: 11/15/2002 Minutes-MiscellaneousCourt Filing
                                                            EO : ( Status conference re: trial setting) Jury trial continued from February 19, 2003 to September 23, 2003 @ 9:00 a.m. 1. Jury trial on September 23, 2003 at 9:00 a.m. before SOM 2. Final Pretrial Conference on August 12, 2003 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by August 5, 2003 5. File motions to Join/Add Parties/Amend Pleadings by February 21, 2003 6. File other Non-Dispositive Motions by June 25, 2003 7. File Dispositive Motions by April 23, 2003 8a. File Motions in Limine by September 2, 2003 8b. File opposition memo to a Motion in Limine by September 9, 2003 11a. Plaintiff's Expert Witness Disclosures by March 24, 2003 11b. Defendant's Expert Witness Disclosures by April 23, 2003 12. Discovery deadline July 25, 2003 13. Settlement Conference set for May 27, 2003 at 2:00 p.m. before KSC 14. Settlement Conference statements by May 19, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by September 9, 2003 21. File Final witness list by September 2, 2003 24. Exchange Exhibit and Demonstrative aids by August 26, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by September 2, 2003 26. File objections to the Exhibits by September 9, 2003 28a. File Deposition Excerpt Designations by September 2, 2003 28b. File Deposition Counter Designations and Objections by September 9, 2003 29. File Trial Brief by September 9, 2003 30. File Findings of Fact & Conclusions of Law by N/A status conference held 11/12/02 before Mag Judge Kevin S. Chang , Jury Trial set for 9:00 9/23/03 before Judge Susan O. Mollway , ; final pretrial conference set for 9:00 8/12/03 ; Discovery ddl set for 7/25/03 ; Motion filing ddl set for 4/23/03 ; settlement/status conference set for 2:00 5/27/03 before Mag Judge Kevin S. Chang ( Ct Rptr : no Record) JUDGE Mag Judge Kevin S. Chang (fe)
                                                              LREF
                                                              Blank 76 Filed: 11/12/2002, Entered: 11/14/2002 Scheduling OrderCourt Filing
                                                              Amended Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (fe)
                                                                LREF
                                                                Blank 75 Filed: 10/31/2002, Entered: 11/1/2002 Minutes-MiscellaneousCourt Filing
                                                                EO : Continued: status conference-re: resetting of trial date (Howard McPheeters appearing telephonically) from 11/05/02 9:00 AM to 11/12/02 9:00 AM; atty John Reyes-Burke to notify all counsel of this continued status conference date; ; status conference set for 9:00 11/12/02 ( Ct Rptr : Tape) JUDGE Mag Judge Kevin S. Chang (lmg)
                                                                  LREF
                                                                  Blank 74 Filed: 10/24/2002, Entered: 10/29/2002 Minutes-MiscellaneousCourt Filing
                                                                  EO : ;status conference re-resetting of trial date set for 9:00 11/5/02 before Mag Judge Kevin S. Chang ; Michael Burke's secretary Myra Peterson to notify all counsel of this status conference date ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg)
                                                                    LREF
                                                                    Blank 73 Filed: 10/23/2002, Entered: 10/28/2002 Certificate Of Service.
                                                                    CERTIFICATE of service by plaintiff (lmg)
                                                                      LREF
                                                                      Blank 72 Filed: 10/22/2002, Entered: 10/28/2002 Stipulation and OrderCourt Filing
                                                                      STIPULATION to continue discovery cut-off and conduct a trial date status conference; ORDER by Mag Judge Kevin S. Chang : ; Discovery ddl set for 1/31/03 - on behalf of defendant USA (lmg)
                                                                        LREF
                                                                        Blank 71 Filed: 10/21/2002, Entered: 10/28/2002 Minutes-MiscellaneousCourt Filing
                                                                        EO : Settlement conference set for 10/28/02 2:00 PM KSC vacated ; parties to stipulate to new trial dates ( Ct Rptr : No record) JUDGE Mag Judge Kevin S. Chang (lmg)
                                                                          LREF
                                                                          Blank 70 Filed: 10/21/2002, Entered: 10/28/2002 Minutes-MiscellaneousCourt Filing
                                                                          EO : ; settlement conference set for 10/28/02 2:00 PM KSC vacated ; parties to stipulate to new trial dates; Myra Peterson of US Attorney's to notify parties ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg)
                                                                            LREF
                                                                            Blank 69 Filed: 10/18/2002, Entered: 10/21/2002 Certificate Of Service.
                                                                            CERTIFICATE of service by plaintiff (lmg)
                                                                              LREF
                                                                              Blank 68 Filed: 10/4/2002, Entered: 10/7/2002 Description not available
                                                                              ANSWER TO defendants Buddy Karl Festerling, M.D. and Straub Clinci & Hospital, Inc.'s first amended CROSSCLAIM [57-2]; certificate of service by defendant and third-party plaintiff United States' (lmg)
                                                                                LREF
                                                                                Blank 67 Filed: 10/3/2002, Entered: 10/7/2002 Certificate Of Service.
                                                                                CERTIFICATE of service by defendant (lmg)
                                                                                  LREF
                                                                                  Blank 66 Filed: 10/3/2002, Entered: 10/7/2002 Certificate Of Service.
                                                                                  CERTIFICATE of service by defendant (lmg)
                                                                                    LREF
                                                                                    Blank 65 Filed: 9/30/2002, Entered: 10/2/2002 Certificate Of Service.
                                                                                    CERTIFICATE of service by defendant (lmg)
                                                                                      LREF
                                                                                      Blank 64 Filed: 9/18/2002, Entered: 9/19/2002 Initial Disclosure
                                                                                      Rule 26(a)(2) DISCLOSURE by defendant Buddy Karl Festerling, M.D. and defendant and third-party Straub Clinic & Hospital,Inc.'s; exhibits a and b; certificate of service (lmg)
                                                                                        LREF
                                                                                        Blank 63 Filed: 9/18/2002, Entered: 9/19/2002 Certificate Of Service.
                                                                                        CERTIFICATE of service by defendant (lmg)
                                                                                          LREF
                                                                                          Blank 62 Filed: 9/12/2002, Entered: 9/12/2002 Certificate Of Service.
                                                                                          CERTIFICATE of service by defendant (lmg)
                                                                                            LREF
                                                                                            Blank 61 Filed: 9/5/2002, Entered: 9/6/2002 Certificate Of Service.
                                                                                            CERTIFICATE of service by defendant United States of Ame (fe)
                                                                                              LREF
                                                                                              Blank 60 Filed: 9/5/2002, Entered: 9/6/2002 Certificate Of Service.
                                                                                              CERTIFICATE of service by defendant United States of Ame (fe)
                                                                                                LREF
                                                                                                Blank 59 Filed: 8/23/2002, Entered: 8/26/2002 Certificate Of Service.
                                                                                                CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                                                                                  LREF
                                                                                                  Blank 59 Filed: 8/20/2002, Entered: 8/21/2002 Certificate Of Service.
                                                                                                  CERTIFICATE of service by plaintiff (lmg)
                                                                                                    LREF
                                                                                                    Blank 57 Filed: 8/13/2002, Entered: 8/19/2002 Answer
                                                                                                    ANSWER by defendants Buddy Karl Festerling, M.D.'s first amended complaint filed July 18, 2002 [52-1] and first amended CROSSCLAIM by defendant Buddy Karl Festerling, and Straub Clinic and Hospital, Inc.'s against defendant United States of America; summons (issued); certificate of service (lmg)
                                                                                                      LREF
                                                                                                      Blank 56 Filed: 8/7/2002, Entered: 8/8/2002 Answer
                                                                                                      ANSWER by defendant and third-party plaintiff United States' to amended complaint [52-1]; certificate of service (lmg)
                                                                                                        LREF
                                                                                                        Blank 55 Filed: 7/19/2002, Entered: 7/22/2002 Certificate Of Service.
                                                                                                        CERTIFICATE of service by defendant (lmg)
                                                                                                          LREF
                                                                                                          Blank 54 Filed: 7/18/2002, Entered: 7/19/2002 Service - Miscellaneous
                                                                                                          PROCESS RECEIPT AND RETURN executed upon medical release clerk, Mike O'Callaghan Federal Hospital through Cherubin Andrea, airman first class on 5/23/02 (lmg)
                                                                                                            LREF
                                                                                                            Blank 53 Filed: 7/18/2002, Entered: 7/19/2002 Service - Miscellaneous
                                                                                                            PROCESS RECEIPT AND RETURN executed upon custodian of records, Sunrise Hospital & Medical Center, Las Vegas, NV through Idella Evans (front office) on 5/23/02 (lmg)
                                                                                                              LREF
                                                                                                              Blank 52 Filed: 7/18/2002, Entered: 7/19/2002 Amended Complaint
                                                                                                              First AMENDED COMPLAINT [1-1] by plaintiff; summons (issued) in a civil case; certificate of service (lmg)
                                                                                                                LREF
                                                                                                                Blank 51 Filed: 7/15/2002, Entered: 7/16/2002 Answer to Third-Party Complaint
                                                                                                                ANSWER TO United States of America's THIRD PARTY COMPLAINT filed June 20, 2002 [47-1] by third-party defendant Straub Clinic and Hospitial, Inc.'s; demand for jury trial; certificate of service (lmg)
                                                                                                                  LREF
                                                                                                                  Blank 50 Filed: 7/8/2002, Entered: 7/9/2002 Service - Miscellaneous
                                                                                                                  PROCESS RECEIPT AND RETURN executed upon custodian of records, cardiovascular consultants of Nevada, corporate office through M. Ashley, custodian of records on 5/23/02 (lmg)
                                                                                                                    LREF
                                                                                                                    Blank 49 Filed: 7/8/2002, Entered: 7/9/2002 Service - Miscellaneous
                                                                                                                    PROCESS RECEIPT AND RETURN executed upon third-party defendant Straub Clinic and Hospital through Frank Tabvah (illegible) M.D. on 7/5/02 (lmg)
                                                                                                                      LREF
                                                                                                                      Blank 48 Filed: 7/2/2002, Entered: 7/5/2002 OrderCourt Filing
                                                                                                                      ORDER by Mag Judge Kevin S. Chang granting defendant United States of America's motion to file a third-party complaint [34-1] (lmg)
                                                                                                                        LREF
                                                                                                                        Blank 47 Filed: 6/20/2002, Entered: 6/24/2002 Third-Party Complaint
                                                                                                                        THIRD-PARTY COMPLAINT by defendant United States of America's; summons (issued) in a civil case - adding Straub Clinic and Hospital, Inc. (lmg)
                                                                                                                          LREF
                                                                                                                          Blank 46 Filed: 6/20/2002, Entered: 6/24/2002 Certificate Of Service.
                                                                                                                          CERTIFICATE of service by defendant (lmg)
                                                                                                                            LREF
                                                                                                                            Blank 45 Filed: 6/13/2002, Entered: 6/19/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                            EP : United States' Motion for Leave to File 3rd Party Complaint: No opposition by plaintiff. Motion Granted. 3rd Party Complaint to be filed by June 20, 2002. granting motion shorten time for hearing on defendant United States's motion to file third-party complaint [39-1] ( Ct Rptr : Tape C5 898) JUDGE Mag Judge S. Chang (lmg)
                                                                                                                              LREF
                                                                                                                              Blank 44 Filed: 6/10/2002, Entered: 6/12/2002 Certificate Of Service.
                                                                                                                              Amended CERTIFICATE of service by defendant (lmg)
                                                                                                                                LREF
                                                                                                                                Blank 43 Filed: 6/10/2002, Entered: 6/12/2002 Reply to Response to Motion
                                                                                                                                REPLY memorandum by defendant United States of America's motion for leave to file third-party complaint filed May 24, 2002 [39-1]; certificate of service (lmg)
                                                                                                                                  LREF
                                                                                                                                  Blank 42 Filed: 6/7/2002, Entered: 6/10/2002 Memorandum in Opposition to Motion
                                                                                                                                  MEMORANDUM by defendant Buddy Karl Festerling, M.D.'s in opposition to defendant United States of America's motion for leave to file third-party complaint filed May 24, 2002 [39-1]; certificate of service (lmg)
                                                                                                                                    LREF
                                                                                                                                    Blank 41 Filed: 6/6/2002, Entered: 6/7/2002 Miscellaneous Document
                                                                                                                                    STATEMENT of no position by defendant Buddy Karl Festerling, M.D.'s to defendant United States' motion to shorten time for hearing on defendant United States' motion to file third-party complaint filed on 5/31/02 [39-1]; certificate of service (lmg)
                                                                                                                                      LREF
                                                                                                                                      Blank 40 Filed: 6/4/2002, Entered: 6/5/2002 Miscellaneous Document
                                                                                                                                      STATEMENT of no position by plaintiff Carol Whitcomb's regarding defendant United States' motion to shorten time for hearing on defendant United States' motion to file third-party complaint filed 05/31/02 [39-1]; certificate of service (lmg)
                                                                                                                                        LREF
                                                                                                                                        Blank 39 Filed: 5/31/2002, Entered: 6/3/2002 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                        NOTICE OF MOTION and motion by defendant United States' shorten time for hearing on defendant United States's motion to file third-party complaint ; declaration of counsel; certificate of service - set for 9:30 6/13/02 before Mag Judge Kevin S. Chang (lmg)
                                                                                                                                          LREF
                                                                                                                                          Blank 38 Filed: 5/31/2002, Entered: 5/31/2002 Description not available
                                                                                                                                          ANSWER TO CROSSCLAIM [27-1] by cross-defendant Buddy Karl Festerling; certificate of service (fe)
                                                                                                                                            LREF
                                                                                                                                            Blank 37 Filed: 5/30/2002, Entered: 5/30/2002 Response - Miscellaneous
                                                                                                                                            STATEMENT of no position by plaintiff RE: USA's motion to file a third-party complaint [34-1]; certificate of service (afc)
                                                                                                                                              LREF
                                                                                                                                              Blank 36 Filed: 5/30/2002, Entered: 5/30/2002 Certificate Of Service.
                                                                                                                                              AMENDED CERTIFICATE of service by defendant United States of Ame (afc)
                                                                                                                                                LREF
                                                                                                                                                Blank 35 Filed: 5/28/2002, Entered: 5/29/2002 Certificate Of Service.
                                                                                                                                                CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                  LREF
                                                                                                                                                  Blank 34 Filed: 5/24/2002, Entered: 5/28/2002, Terminated: 7/2/2002 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                  NOTICE OF MOTION and motion by defendant United States of Ame to file a third-party complaint ; memorandum in support of motion; declaration of counsel; exhibit a; certificate of service - set for 10:00 6/25/02 before Mag Judge Kevin S. Chang (fe)
                                                                                                                                                    LREF
                                                                                                                                                    Blank 33 Filed: 5/24/2002, Entered: 5/28/2002 Ex Parte Motion and orderCourt Filing
                                                                                                                                                    EX PARTE MOTION and Order (DENIED WITHOUT PREJUDICE) by Mag Judge Kevin S. Chang by defendant United States of Ame shorten time for hearing on defendant United States' motion to file third-party complaint ; declaration of counsel; certificate of service (fe)
                                                                                                                                                      LREF
                                                                                                                                                      Blank 32 Filed: 5/21/2002, Entered: 5/24/2002 Certificate Of Service.
                                                                                                                                                      CERTIFICATE of service by plaintiff Carol Whitcomb, estate of David Whitcomb; exhibit a (fe)
                                                                                                                                                        LREF
                                                                                                                                                        Blank 31 Filed: 5/16/2002, Entered: 5/16/2002 Certificate Of Service.
                                                                                                                                                        CERTIFICATE of service by defendant United States of Ame (fe)
                                                                                                                                                          LREF
                                                                                                                                                          Blank 30 Filed: 5/15/2002, Entered: 5/16/2002 Certificate Of Service.
                                                                                                                                                          CERTIFICATE of service; exhibit a - by plaintiff Carol Whitcomb, estate of David Whitcomb (fe)
                                                                                                                                                            LREF
                                                                                                                                                            Blank 29 Filed: 5/14/2002, Entered: 5/15/2002 Protective OrderCourt Filing
                                                                                                                                                            PROTECTIVE ORDER by Mag Judge Kevin S. Chang re: plaintiffs' first set of interrogatories to defendant United States of America - by deft (fe)
                                                                                                                                                              LREF
                                                                                                                                                              Blank 28 Filed: 5/13/2002, Entered: 5/14/2002 Certificate Of Service.
                                                                                                                                                              CERTIFICATE of service by defendant United States of Ame (afc)
                                                                                                                                                                LREF
                                                                                                                                                                Blank 27 Filed: 5/10/2002, Entered: 5/13/2002 Jury Demand
                                                                                                                                                                DEMAND for jury trial by cross-claimant United States of America (afc)
                                                                                                                                                                  LREF
                                                                                                                                                                  Blank 27 Filed: 5/10/2002, Entered: 5/13/2002 Crossclaim
                                                                                                                                                                  CROSSCLAIM by defendant United States of America against defendant Buddy Karl Festerling, M.D.; summons (issued); demand for jury trial; certificate of service (afc)
                                                                                                                                                                    LREF
                                                                                                                                                                    Blank 27 Filed: 5/10/2002, Entered: 5/13/2002 Description not available
                                                                                                                                                                    ANSWER TO deft Buddy Karl Festerling's CROSSCLAIM [10-2] by cross-defendant United States of America [USA's crossclaim against Dr. Festerling; summons; demand for jury trial; certificate of service] (afc)
                                                                                                                                                                      LREF
                                                                                                                                                                      Blank 26 Filed: 5/6/2002, Entered: 5/7/2002 Certificate Of Service.
                                                                                                                                                                      CERTIFICATE of service by defendant Buddy Karl Festerling (afc)
                                                                                                                                                                        LREF
                                                                                                                                                                        Blank 25 Filed: 4/23/2002, Entered: 4/24/2002 Certificate Of Service.
                                                                                                                                                                        CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                                          LREF
                                                                                                                                                                          Blank 24 Filed: 4/19/2002, Entered: 4/22/2002 Scheduling OrderCourt Filing
                                                                                                                                                                          RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (afc)
                                                                                                                                                                            LREF
                                                                                                                                                                            Blank 21 Filed: 4/18/2002, Entered: 4/19/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                            EP :Rule 16 Scheduling Conference 1. Jury trial on February 19, 2003 at 9:00.a.m. before SOM (Wednesday) 2. Final Pretrial Conference on January 7, 2003 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by December 31, 2002 5. File motions to Join/Add Parties/Amend Pleadings by July 19, 2002 6. File other Non-Dispositive Motions by November 20, 2002 7. File Dispositive Motions by September 18, 2002 8a. File Motions in Limine by January 28, 2003 8b. File opposition memo to a Motion in Limine by February 4, 2003 11a. Plaintiff's Expert Witness Disclosures by August 19, 2002 11b. Defendant's Expert Witness Disclosures by September 18, 2002 12. Discovery deadline December 20, 2002 13. Settlement Conference set for October 28, 2002 at 2:00 p.m. before KSC 14. Settlement Conference statements by October 21, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by February 4, 2003 21. File Final witness list by January 28, 2003 24. Exchange Exhibit and Demonstrative aids by January 21, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 28, 2003 26. File objections to the Exhibits by February 4, 2003 28a. File Deposition Excerpt Designations by January 28, 2003 28b. File Deposition Counter Designations and Objections by February 4, 2003 29. File Trial Brief by February 4, 2003 30. File Findings of Fact & Conclusions of Law by N/A ; rule 16 conference held on 9:00 4/18/02 before Mag Judge Kevin S. Chang , ; Jury Trial set for 9:00 2/19/03 before Judge Susan O. Mollway , ; final pretrial set for 9:00 1/7/03 ; Discovery ddl set for 12/20/02 ; Motion filing ddl set for 9/18/02 ; settlement/status conference set for 2:00 10/28/02 before Mag Judge Kevin S. Chang ( Ct Rptr : No Record) JUDGE Mag Kevin S. Chang (fe)
                                                                                                                                                                              LREF
                                                                                                                                                                              Blank 20 Filed: 4/18/2002, Entered: 4/19/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                              EP :Motion for Protective Order - granted. Michael Burke to prepare order. - granting motion for protective order pursuant to Rules 26(b)(2) and 26(c) [18-1] ( Ct Rptr : Tape 881, C5) JUDGE Mag Judge Kevin S. Chang (fe)
                                                                                                                                                                                LREF
                                                                                                                                                                                Blank 23 Filed: 4/17/2002, Entered: 4/19/2002 Reply
                                                                                                                                                                                REPLY by defendant United States of America to plaintiff's memorandum in opposition to deft USA's M/protective order; certificate of service [18-1] (afc)
                                                                                                                                                                                  LREF
                                                                                                                                                                                  Blank 22 Filed: 4/17/2002, Entered: 4/19/2002 Response - Miscellaneous
                                                                                                                                                                                  STATEMENT by defendant Buddy Karl Festerling of no position RE: motion for protective order pursuant to Rules 26(b)(2) and 26(c) [18-1]; certificate of service (afc)
                                                                                                                                                                                    LREF
                                                                                                                                                                                    Blank 19 Filed: 4/16/2002, Entered: 4/17/2002 Memorandum in Opposition to Motion
                                                                                                                                                                                    MEMORANDUM by plaintiff in opposition to deft USA's motion for protective order pursuant to Rules 26(b)(2) and 26(c); affidavit of Ward F.N. Fujimoto; exhibits a-e; certificate of service (afc)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank 18 Filed: 4/12/2002, Entered: 4/15/2002, Terminated: 4/18/2002 Motion for Protective OrderCourt Filing
                                                                                                                                                                                      NOTICE OF MOTION and motion by defendant United States of America for protective order pursuant to Rules 26(b)(2) and 26(c) ; memorandum in support of motion; Rule 26(c) certification of movant; declaration of Laura L. Waterman; exhibits a and b; certificate of service - set for 9:00 4/18/02 before Mag Judge Kevin S. Chang (afc)
                                                                                                                                                                                        LREF
                                                                                                                                                                                        Blank 17 Filed: 4/11/2002, Entered: 4/12/2002 Initial Disclosure
                                                                                                                                                                                        INITIAL DISCLOSURES; certificate of service - by defendant Buddy Karl Festerling, M.D. (afc)
                                                                                                                                                                                          LREF
                                                                                                                                                                                          Blank 16 Filed: 4/11/2002, Entered: 4/12/2002 Scheduling Conference Statement
                                                                                                                                                                                          SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Buddy Karl Festerling M.D. (afc)
                                                                                                                                                                                            LREF
                                                                                                                                                                                            Blank 15 Filed: 4/10/2002, Entered: 4/12/2002 Initial Disclosure
                                                                                                                                                                                            INITIAL DISCLOSURES; certificate of service - by defendant USA (afc)
                                                                                                                                                                                              LREF
                                                                                                                                                                                              Blank 14 Filed: 4/10/2002, Entered: 4/12/2002 Certificate Of Service.
                                                                                                                                                                                              CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                                                                LREF
                                                                                                                                                                                                Blank 13 Filed: 4/10/2002, Entered: 4/12/2002 Certificate Of Service.
                                                                                                                                                                                                CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                                                                  LREF
                                                                                                                                                                                                  Blank 12 Filed: 4/8/2002, Entered: 4/10/2002 Scheduling Conference Statement
                                                                                                                                                                                                  SCHEDULING CONFERENCE STATEMENT; exhibit a (note: no "exhibit a" was included in document); certificate of service - by plaintiff (afc)
                                                                                                                                                                                                    LREF
                                                                                                                                                                                                    Blank 11 Filed: 3/28/2002, Entered: 4/1/2002 Report of Planning Meeting
                                                                                                                                                                                                    REPORT OF PARTIES' PLANNING MEETING; certificate of service - by plaintiff (lmg)
                                                                                                                                                                                                      LREF
                                                                                                                                                                                                      Blank 10 Filed: 3/11/2002, Entered: 3/12/2002 Answer
                                                                                                                                                                                                      ANSWER to COMPLAINT [1-1] AND CROSSCLAIM by defendant Buddy Karl Festerling, M.D. against defendant United States of America; demand for jury trial; certificate of service (afc)
                                                                                                                                                                                                        LREF
                                                                                                                                                                                                        Blank 9 Filed: 3/11/2002, Entered: 3/12/2002 Scheduling Conference Statement
                                                                                                                                                                                                        SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant USA (afc)
                                                                                                                                                                                                          LREF
                                                                                                                                                                                                          Save 25% on a pre-paid one year subscription.
                                                                                                                                                                                                          Blank 8 Filed: 3/1/2002, Entered: 3/4/2002 Answer
                                                                                                                                                                                                          ANSWER by defendant United States of Ame to complaint [1-1]; certificate of service (eps)
                                                                                                                                                                                                            LREF
                                                                                                                                                                                                            Blank 7 Filed: 2/25/2002, Entered: 2/26/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                            EO: Continued : [Rule 16 Scheduling Conference] from 03/18/2002 09:00:00 AM to 04/18/2002 09:00:00 AM. Ward Fujimoto to notify parties. () JUDGE Mag Judge Kevin S. Chang (afc)
                                                                                                                                                                                                              LREF
                                                                                                                                                                                                              Blank 6 Filed: 1/8/2002, Entered: 1/9/2002 Service - Miscellaneous
                                                                                                                                                                                                              RETURN OF SERVICE of summons and complaint executed upon defendant Buddy Karl Festerling on 1/3/02 (afc)
                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                Blank 5 Filed: 1/2/2002, Entered: 1/3/2002 Service - Miscellaneous
                                                                                                                                                                                                                RETURN OF SERVICE of complaint and summons executed upon defendant United States of America on 12/31/01 - service upon Office of the Attorney General/paralegal Stephen Lehto who is duly authorized to accept service of process (afc)
                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                  Blank 4 Filed: 12/27/2001, Entered: 12/27/2001 Summons Issued
                                                                                                                                                                                                                  AMENDED SUMMONS issued as "TO ALL NAMED DEFENDANTS" (afc)
                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                    Blank 3 Filed: 12/26/2001, Entered: 12/27/2001 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                    MOTION by plaintiff Carol Whitcomb for admission of counsel pro hac vice ; verified statement of application for pro hac vice admission; ORDER by Mag Judge Kevin S.C. Chang granting motion as to applicant Richard H. Gasperini; verified statement of application for pro hac vice admission; ORDER by Mag Judge Kevin S.C. Chang granting motion as to applicant Mark S. Brennan - [PHV attorneys: Richard H. Gasperini and Mark S. Brennan of Virginia Law Firm of Wright, Robinson, Osthimer & Tatum; LOCAL/CO-COUNSEL: Ward F.N. Fujimoto/Matsui Chung Tsumida & Tsuchiyama] (afc)
                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                      Blank 2 Filed: 12/21/2001, Entered: 12/27/2001 OrderCourt Filing
                                                                                                                                                                                                                      ORDER by Judge David A. Ezra rule 16 conference set for 9:00 3/18/02 before Mag Judge Kevin S. Chang (afc)
                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                        Blank 1 Filed: 12/21/2001, Entered: 12/27/2001 Complaint
                                                                                                                                                                                                                        COMPLAINT; summons in a civil case (jury demand) (Summons issued) (afc)
                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                          Blank -- Filed: 12/21/2001, Entered: 12/27/2001 Filing Fee Received
                                                                                                                                                                                                                          FILING FEE PAID in the amount of $ 150.00, receipt # 206001 (afc)
                                                                                                                                                                                                                            LREF

                                                                                                                                                                                                                            Statistics

                                                                                                                                                                                                                            This case has been viewed 109 times.

                                                                                                                                                                                                                            No comments have been added yet. Sign in to post a comment.
                                                                                                                                                                                                                            Space
                                                                                                                                                                                                                            Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                                            Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                                             
                                                                                                                                                                                                                            PlainSite
                                                                                                                                                                                                                            Sign Up
                                                                                                                                                                                                                            Need Password Help?