Toro, et al v. United States of Ame
Federal Civil Lawsuit Hawaii District Court, Case No. 1:03-cv-00030-LEK
District Judge LESLIE E KOBAYASHI, presiding

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No Logo Alejandro G. Toro, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Mark G. Lukehart
Space Brian R. Reynolds

Toggle Switch Represented by Brumer & Brumer

Name Phone Fax E-Mail
Space Allan G. Cohen +1 305 374 2000
Space Judson L. Cohen +1 305 374 2000

Toggle Switch Represented by O'Donnell & Associates

Name Phone Fax E-Mail
Space William Copulos +5360 536 536 0500 +5360 536 536 0021 wcopulos@copuloslaw.com

Toggle Switch Represented by Thompson & Wright

Name Phone Fax E-Mail
Space Joseph J. Mellon +1 303 572 9300 +5727 572 572 7883 jmellon@stklaw.com
No Logo Nidia I. Toro, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Mark G. Lukehart
Space Brian R. Reynolds

Toggle Switch Represented by Brumer & Brumer

Name Phone Fax E-Mail
Space Allan G. Cohen +1 305 374 2000
Space Judson L. Cohen +1 305 374 2000

Toggle Switch Represented by O'Donnell & Associates

Name Phone Fax E-Mail
Space William Copulos +5360 536 536 0500 +5360 536 536 0021 wcopulos@copuloslaw.com

Toggle Switch Represented by Thompson & Wright

Name Phone Fax E-Mail
Space Joseph J. Mellon +1 303 572 9300 +5727 572 572 7883 jmellon@stklaw.com
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 Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Space Lawrence Nathan Rosen +1 305 961 9321 +5307 530 530 7139 Larry.Rosen@usdoj.gov
Office Hawaii
Filed 1/22/2003
Jury Demand Plaintiff
Demand $0
Nature of Suit 362 - Personal Injury: Medical Malpractice
Cause Section 28 U.S.C. § 2671 Federal Tort Claims Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Court Trial
County Outside state of Hawaii
Terminated 9/7/2006
Origin 5
Reopened None
Lead Case None
Related Case
Other Court Cases '06-17160'['Ninth Circuit Court of Appeals'], {S.D. Florida}
Def Custody Status
Flag APPEAL
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Legal Document 179 Filed: 9/16/2008, Entered: 9/16/2008 USCA Order
ORDER of USCA as to [171] Notice of Appeal filed by Alejandro G. Toro, Nidia I. Toro, Appeal No. 06-17160. --The petition for rehearing is denied and the petition for rehearing en banc is denied. (emt, )
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    Legal Document 178 Filed: 12/20/2006, Entered: 12/22/2006 Certificate of Record
    Certificate of Record as to Appeal No. 06-17160 (emt, ) Modified on 12/22/2006 to add linkage to [171] Notice of Appeal (emt, ).
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      Legal Document (Payment Possibly Required) 177 Filed: 12/11/2006, Entered: 12/11/2006 TranscriptCourt Filing
      TRANSCRIPT of Proceedings held on 10/14/05 (Motion to Amend Scheduling Order) before Judge Leslie E. Kobayashi. Court Reporter: Jessica B. Cahill. 10pgs. (emt, )
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        Legal Document 175 Filed: 11/16/2006, Entered: 11/16/2006 USCA Case Number
        USCA Case Number 06-17160 for [171] Notice of Appeal filed by Nidia I. Toro, Alejandro G. Toro. (emt, )
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          Legal Document 174 Filed: 11/9/2006, Entered: 11/9/2006 Transcript Designation and Ordering FormCourt Filing
          TRANSCRIPT Designation and Ordering Form by Nidia I. Toro for proceedings held on October 14, 2005, Sept. 13-16, 2005, and Dec. 13-16, 2005 before Judge Kobayashi, re [171] Notice of Appeal Transcript due by 11/9/2006. (Mellon, Joseph)
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            Legal Document 172 Filed: 10/30/2006, Entered: 10/31/2006 Filing Fee Received
            Filing fee: $ 455, receipt number 237120 (gab, )
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              Legal Document 171 Filed: 10/30/2006, Entered: 10/31/2006, Terminated: 9/16/2008 Notice of Appeal
              NOTICE OF APPEAL as to [170] Judgment, by Nidia I. Toro, Alejandro G. Toro. Filing fee $ 455. (gab, )
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                Legal Document 170 Filed: 9/7/2006, Entered: 9/7/2006, Terminated: 9/7/2006 Judgment*Court Filing
                JUDGMENT entered by Sue Beitia, Clerk/Deputy Clerk - It is ordered and adjduged that judgment is entered in favor of Defendant and against Plaintiffs pursuant to the "Findings of Fact and Conclusions of Law", filed on August 31, 2006. (emt, ) 171 Filed: 10/30/2006Entered: 10/31/2006 Notice of Appeal NOTICE OF APPEAL as to [170] Judgment, by Nidia I. Toro, Alejandro G. Toro. Filing fee $ 455. (gab, ) 172 Filed: 10/30/2006Entered: 10/31/2006 Filing Fee Received Filing fee: $ 455, receipt number 237120 (gab, ) 174 Filed & Entered: 11/09/2006 Transcript Designation and Ordering Form TRANSCRIPT Designation and Ordering Form by Nidia I. Toro for proceedings held on October 14, 2005, Sept. 13-16, 2005, and Dec. 13-16, 2005 before Judge Kobayashi, re [171] Notice of Appeal Transcript due by 11/9/2006. (Mellon, Joseph) 175 Filed & Entered: 11/16/2006 USCA Case Number USCA Case Number 06-17160 for [171] Notice of Appeal filed by Nidia I. Toro, Alejandro G. Toro. (emt, ) 177 Filed & Entered: 12/11/2006 Transcript TRANSCRIPT of Proceedings held on 10/14/05 (Motion to Amend Scheduling Order) before Judge Leslie E. Kobayashi. Court Reporter: Jessica B. Cahill. 10pgs. (emt, ) 178 Filed: 12/20/2006Entered: 12/22/2006 Certificate of Record Certificate of Record as to Appeal No. 06-17160 (emt, ) Modified on 12/22/2006 to add linkage to [171] Notice of Appeal (emt, ). 179 Filed & Entered: 09/16/2008 USCA Order ORDER of USCA as to [171] Notice of Appeal filed by Alejandro G. Toro, Nidia I. Toro, Appeal No. 06-17160. --The petition for rehearing is denied and the petition for rehearing en banc is denied. (emt, )
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                  Blank -- Filed: 9/7/2006, Entered: 9/7/2006 Court's Certificate of Service
                  COURT'S CERTIFICATE of Service - a copy of [170] Judgment, has been served by First Class Mail to the addresses of record on September 7, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                    Legal Document 169 Filed: 8/31/2006, Entered: 8/31/2006 Findings of Fact and Conclusions of LawCourt Filing
                    FINDINGS OF FACT AND CONCLUSIONS OF LAW - Signed by Judge LESLIE E KOBAYASHI on 8/30/06 - It is hereby ordered that judgment shall enter in favor of Defendant and against Plaintiffs in the above matter(emt, )
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                      Blank -- Filed: 8/31/2006, Entered: 9/1/2006 Court's Certificate of Service
                      COURT'S CERTIFICATE of Service - a copy of [169] Findings of Fact & Conclusions of Law has been served by First Class Mail to the addresses of record on September 1, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                        Legal Document 168 Filed: 8/8/2006, Entered: 8/8/2006 Response
                        RESPONSE Plaintiffs' Alternative to Those Portions of the Defendants' Proposed Findings of Fact/Conclusions of Law to Which Plaintiffs Object filed by Nidia I. Toro. (Mellon, Joseph)
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                          Legal Document 167 Filed: 7/18/2006, Entered: 7/18/2006 Proposed Findings of Fact
                          Proposed Findings of Fact by United States of America. (Attachments: # (1) Certificate of Service)(Helper, Thomas)
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                          Legal Document (Payment Possibly Required) 166 Filed: 7/11/2006, Entered: 7/11/2006 TranscriptCourt Filing
                          TRANSCRIPT of Proceedings held on 12-16-2005 before Judge Leslie E. Kobayashi. (Closing arguments.) Court Reporter: Steve Platt. (139 pages.) (sp@hid.uscourts.gov)
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                            Legal Document (Payment Possibly Required) 165 Filed: 7/7/2006, Entered: 7/7/2006 TranscriptCourt Filing
                            TRANSCRIPT of Proceedings Further Non Jury Trial held on 12/15/05 before Judge Leslie E. Kobayashi. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) pp. 30.
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                              Legal Document (Payment Possibly Required) 164 Filed: 7/7/2006, Entered: 7/7/2006 TranscriptCourt Filing
                              TRANSCRIPT of Proceedings Further Non Jury Trial held on 12/14/05 before Judge Leslie E. Kobayashi. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) pp. 217.
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                                Legal Document (Payment Possibly Required) 163 Filed: 7/7/2006, Entered: 7/7/2006 TranscriptCourt Filing
                                TRANSCRIPT of Proceedings Further Non Jury Trial held on 12/13/05 before Judge Leslie E. Kobayashi. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) pp. 145.
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                                  Legal Document 162 Filed: 7/3/2006, Entered: 7/3/2006 Stipulation and OrderCourt Filing
                                  STIPULATION Regarding Filing of Proposed Findings of Fact and Conclusions of Law; ORDER - signed by Magistrate Judge Leslie E. Kobayashi. [The deadline for defendant to file its proposed FOF/COL is July 14, 2006, and the deadline for plaintiffs' response is August 4, 2006] (emt, )
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                                    Legal Document 161 Filed: 6/2/2006, Entered: 6/2/2006 OrderCourt Filing
                                    COURT'S DECISION [160] - Signed by Judge LESLIE E KOBAYASHI on 6/2/06. (emt, )
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                                      Blank -- Filed: 6/2/2006, Entered: 6/2/2006 Court's Certificate of Service
                                      COURT'S CERTIFICATE of Service - a copy of [161] "Court's Decision" has been served by First Class Mail to the addresses of record on June 2, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                                        Blank 160 Filed: 12/16/2005, Entered: 12/22/2005 Bench Trial CompletedCourt Filing
                                        EP: Further Non Jury Trial (8th Day) - Plaintiffs Nidia Novak and Alejandro Novak present.Defendant requests judicial notice of additional Gretchen Stephens deposition designations and Virginia Supreme Court opinion.Defendant United States of America rests.Exhibits 227 and 228 Admitted.Plaintiffs' Closing Arguments made.Exhibit 3 previously Admitted does not exist, exhibit 3 withdrawn. Defendant United States of America's Closing Arguments made.Plaintiffs' Rebuttal made.Case taken under Advisement. Court to issue decision proceedings held before Judge #LESLIE E KOBAYASHI : [Bench Trial completed on 12/16/2005] (Court Reporter Steve Platt.) (emt, )
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                                          Blank 159 Filed: 12/15/2005, Entered: 12/19/2005 Bench Trial - HeldCourt Filing
                                          EP: Further Non Jury Trial (7th Day) - Plaintiffs Nidia Novak and Alejandro Novak present.Plaintiffs' Witness Dr. George Foster, CST.Plaintiffs' Witness Nidia Novac recalled.Plaintiffs rest. Defendant's Oral Motion for Directed Verdict made. Arguments heard. Motion taken under advisement.Further Non Jury Trial set for 9:00 12/16/05, LEK. by Mag Judge #LESLIE E KOBAYASHI : (Court Reporter Debra Chun.) (emt, )
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                                            Blank 158 Filed: 12/15/2005, Entered: 12/19/2005 Initial Disclosure
                                            Defendant's additional DESIGNATIONS OF DEPOSITION testimony of Gretchen Stephens; certificate of service by United States of America. (emt, )
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                                              Blank 157 Filed: 12/15/2005, Entered: 12/19/2005 Stipulation
                                              STIPULATION regarding testimony of Ward E. Rider, D. C. filed by plaintiffs Nidia I. Toro, Alejandro G. Toro. (emt, )
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                                                Blank 156 Filed: 12/14/2005, Entered: 12/16/2005 Jury Trial HeldCourt Filing
                                                EP: Further Non Jury Trial (6th Day) - Plaintiffs Nidia Novak and Alejandro Novak present.Plaintiffs' Witness Carol Forsloff, CST. Exhibit 222 Admitted. Exhibit 223 Admitted over objections.Arguments heard and Court's ruling made regarding prognosis by Dr. Harold J. Bursztajn. Oral Motion for Reconsideration Denied.Plaintiffs' Witness: Thomas A. Loudat, CST. Exhibits 224 and 225 Admitted. Parties stipulate to amounts (backed out) referred to in Witness Loudat's testimony.Defendant's Witness Mary A. Wilkowski, CST. Defendant's Witness Dr. Maurice Sprenger, CST.Further Non Jury Trial set for 9:00 12/15/05, LEK.by Mag Judge LESLIE E KOBAYASHI (Court Reporter Debra Chun.) (emt, )
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                                                  Blank 155 Filed: 12/14/2005, Entered: 12/16/2005 Amended Document
                                                  AMENDMENT to plaintiffs' response to legal contentions in defendant's trial brief by plaintiff's Nidia I. Toro, Alejandro G. Toro. [153] (emt, )
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                                                    Blank 154 Filed: 12/13/2005, Entered: 12/16/2005 Jury Trial HeldCourt Filing
                                                    EP: Further Non Jury Trial (5th Day) - Plaintiffs Nidia Novak and Alejandro Novak present.Further Cross Examination resumed and Re-Direct Examination conducted of Plaintiffs' Witness Nidia Novak. Exhibits Admitted: 215, 1 thru 37 inclusive, 217, 216, 218, 219, 220 and 221.Plaintiffs' Witness Alejandro Novak, CST.Further Non Jury Trial set for 9:00 12/14/05, LEK. by Mag Judge LESLIE E KOBAYASHI (Court Reporter Debra Chun.) (emt, )
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                                                      Blank 153 Filed: 12/13/2005, Entered: 12/14/2005 Response
                                                      RESPONSE to legal contentions in defendant's trial brief [127] filed by plaintiffs Nidia I. Toro, Alejandro G. Toro. (emt, )
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                                                        Blank -- Filed: 11/29/2005, Entered: 11/29/2005 Transcript
                                                        ORIGINAL PARTIAL TRANSCRIPT non-jury trial filed ( Ct Rptr Sharon Ross) taken on 9/14/05 (emt)
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                                                          Blank -- Filed: 11/29/2005, Entered: 11/29/2005 Transcript
                                                          ORIGINAL PARTIAL TRANSCRIPT of non-jury trial filed ( Ct Rptr Sharon Ross) taken on 9/13/05, 9/14/05, 9/16/05 (emt)
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                                                            Blank 152 Filed: 11/22/2005, Entered: 11/23/2005 Witness List
                                                            Plaintiffs' FINAL REBUTTAL WITNESS list; certificate of service submitted by plaintiffs (emt)
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                                                              Blank -- Filed: 11/21/2005, Entered: 11/21/2005 Transcript
                                                              ORIGINAL TRANSCRIPT filed ( Ct Rptr Sharon Ross) taken on 9/16/05 (emt)
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                                                                Blank -- Filed: 11/21/2005, Entered: 11/21/2005 Transcript
                                                                ORIGINAL TRANSCRIPT filed ( Ct Rptr Sharon Ross) taken on 9/15/05 (emt)
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                                                                  Blank -- Filed: 11/21/2005, Entered: 11/21/2005 Transcript
                                                                  ORIGINAL TRANSCRIPT filed ( Ct Rptr Sharon Ross) taken on 9/14/05 (emt)
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                                                                    Blank -- Filed: 11/21/2005, Entered: 11/21/2005 Transcript
                                                                    ORIGINAL TRANSCRIPT filed ( Ct Rptr Sharon Ross) taken on 9/13/05 (emt) Modified on 11/21/2005
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                                                                      Blank 151 Filed: 11/16/2005, Entered: 11/17/2005 Certificate Of Service.
                                                                      CERTIFICATE of service by defendant United States of America (emt)
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                                                                        Blank 150 Filed: 11/4/2005, Entered: 11/7/2005 Description not available
                                                                        SECOND SUPPLEMENTAL RULE 26 (a)(2)(A) and (B) DISCLOSURE OF EXPERT TESTIMONY; exhibit A; certificate of service by plaintiffs Nidia I. Toro and Alejandro G. Toro (emt)
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                                                                          Blank 149 Filed: 10/31/2005, Entered: 11/1/2005 Minutes-MiscellaneousCourt Filing
                                                                          EO : Continued : [Further Non Jury Trial] from 12/19/2005 09:00:00 AM to 12/13/2005 09:00:00 AM before LEK. cc: all counsel ; Trial set for 9:00 12/13/05 before Mag Judge Leslie E. Kobayashi () JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                            Blank 148 Filed: 10/20/2005, Entered: 10/20/2005 OrderCourt Filing
                                                                            ORDER granting defendant's motion to amend scheduling order to allow naming of new witness and limited reopening of discovery, filed September 27, 2005 by Mag Judge Leslie E. Kobayashi [142-1] ; Trial set for 12/19/05 before Mag Judge Leslie E. Kobayashi - The Court hereby extends the discovery deadline to November 21, 2005, the deadline to exchange exhibits and demonstrative aids until December 2, 2005, and the deadline to submit final witness lists to November 22, 2005. Further non-jury trial to commence on December 19, 2005 at 9:00 a.m. before United States Magistrate Judge Leslie Kobayashi. (cc: all counsel) (emt)
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                                                                              Blank 147 Filed: 10/14/2005, Entered: 10/17/2005 Minutes-MiscellaneousCourt Filing
                                                                              EP : Defendant's Motion to Amend Scheduling Order to Allow Naming of New Witness and Limited Re-Opening of Discovery - Joseph J. Mellon participated by phone. Arguments heard. Motion taken under Advisement. Court to issue Order. [142-1] ( Ct Rptr : FTR-Courtroom 7) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                Blank 146 Filed: 10/12/2005, Entered: 10/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                EO : Court's Inclination Re Defendant's Motion to Amend Scheduling Order to Allow Naming of New Witness & Limited Reopening of Discovery, filed September 27, 2005. The Court is inclined to grant Defendant's Motion to Amend Scheduling Order to Allow Naming of New Witness & Limited Reopening of Discovery, filed September 27, 2005 ("Motion"), and find that Defendant has demonstrated that Plaintiff's failure to respond to Defendant's discovery requests about the 1986 automobile accident, specifically, Plaintiff's failure to provide litigation material such as pleadings and deposition transcripts, or even disclose the name of Plaintiff's attorney in that lawsuit, or the fact that the lawsuit arising out of this automobile accident resulted in a jury trial and subsequent appeal, justifies the Scheduling Order's amendment to allow Defendant to add Mary Wilkowski as a new witness. The Ninth Circuit has held that: a court may exclude testimony from witnesses not listed in the pretrial witness list. However, in determining whether to admit the testimony of unlisted witnesses, the district court should consider: (1) the possibility of prejudice or surprise to the other party, (2) the ability of the other party to cure the prejudice, (3) the extent to which waiver of the rule against calling unnamed witnesses would disrupt the orderly and efficient trial of the case, and (4) bad faith or willfulness in failing to comply with the court's order. Bonin v. Calderon, 59 F.3d 815, 828 (9th Cir. 1995) (citing Price v. Seydel, 961 F.2d 1470, 1474 (9th Cir. 1992)) (internal quotation marks and some citations omitted). The parties should appear at the October 14, 2005 hearing prepared to discuss these issues and/or to direct the Court to controlling case law that either supports or contradicts this matter. The Court notes, this inclination is intended only to help the parties prepare for oral argument and is not the Court's final decision in the matter. Rather, the parties are encouraged to raise relevant case law and/or facts to show the Court why its inclination is mistaken or correct. cc: All Counsel of Record by Fax re [142-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                  Blank 145 Filed: 10/7/2005, Entered: 10/12/2005 Memorandum in Support of Motion
                                                                                  REPLY MEMORANDUM by defendant United States of America in support of its motion to amend scheduling order to allow naming of new witness and limited reopening of discovery [142-1]; certificate of service (emt)
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                                                                                    Blank 144 Filed: 10/5/2005, Entered: 10/6/2005 Certificate Of Service.
                                                                                    CERTIFICATE of service by plaintiffs Nidia I. Toro, Alejandro G. Toro (emt)
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                                                                                      Blank 143 Filed: 10/4/2005, Entered: 10/5/2005 Response/Reply - Miscellaneous
                                                                                      RESPONSE by plaintiffs Nidia I. Toro and Alejandro G. Toro to motion to amend scheduling order to allow naming of new witness and limited reopening of discovery [142-1]; memorandum in opposition; exhibits 1, 2, 7 & 33; certificate of service (emt)
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                                                                                        Blank 142 Filed: 9/27/2005, Entered: 9/27/2005, Terminated: 10/20/2005 Motion to Amend/CorrectCourt Filing
                                                                                        NOTICE OF MOTION and motion by defendant United States of America to amend scheduling order to allow naming of new witness and limited reopening of discovery ; memorandum in support of motion to amend scheduling order to allow naming of new witness and limited reopening of discovery; declaration of Thomas A. Helper; exhibits A-D; certificate of service - set for 9:00 10/14/05 before Mag Judge Leslie E. Kobayashi (emt)
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                                                                                          Blank 141 Filed: 9/23/2005, Entered: 9/26/2005 Minutes-MiscellaneousCourt Filing
                                                                                          EP : Status Conference held. Joseph J. Mellon participated by phone. Defendant USA will be filing Motion to Add Witness and Re-Open Discovery. Motion to be filed by 9/27/05. Memorandum in Opposition by 10/4/05. Reply Memorandum by 10/7/05. Motion set for 9:00 10/14/05, LEK. Court also wants included in the briefing whether discovery was requested as to Plaintiff's second accident and any litigation that ensued as a result of that accident and what were the responses. Cc: all counsel ; ( Ct Rptr : no record) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                            Blank 140 Filed: 9/16/2005, Entered: 9/19/2005 Minutes-MiscellaneousCourt Filing
                                                                                            EP: Non Jury Trial (4th Day) - Plaintiffs Nidia I. Toro nka Nidia Novak and Alejandro G. Toro nka Alejandro Novak present. Witness taken out of order: Dr. Anthony Holzgang, CST. Exhibit 213 Admitted. Further Cross examination of Plaintiffs' Witness Nidia I. Novak resumed. Exhibit 209, 214 Admitted. Defendant's Oral Motion to Present Additional Witness made. Plaintiff opposes and objects. Parties request to have another Judge consider the offer of proof, etc. Denied. Offer of proof made. Court declares a recess in the Non Jury Trial. Status Conference set for 10:30 9/23/05, LEK. cc: all counsel status conference set for 10:30 9/23/05 before Mag Judge Leslie E. (Ct Rptr: Sharon Ross) JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                              Blank 139 Filed: 9/15/2005, Entered: 9/19/2005 Minutes-MiscellaneousCourt Filing
                                                                                              EP: Non Jury Trial (3rd Day) - Plaintiffs Nidia I. Toro nka Nidia Novak and Alejandro G. Toro nka Alejandro Novak present. Witnesses taken out of order, Joy Dy Buco, Dr. Ara Nisanian, CST. Dr. Igor Grant, CST. Exhibits 203, 210, 211, 212, 202B, 202C Admitted. Further Non Jury Trial set for 8:00 9/16/05, LEK. (Ct Rptr: Sharon Ross) JUDGE Mag Judge Leslie E. Kobayashi (afc) Modified on 11/21/2005
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                                                                                                Blank 138 Filed: 9/14/2005, Entered: 9/15/2005 Minutes-MiscellaneousCourt Filing
                                                                                                EP : Non Jury Trial (2nd Day) - Plaintiffs Nidia I. Toro nka Nidia Novak and Alejandro G. Toro nka Alejandro Novak present Defendant's Oral Request to Strike Defendant's Chronological Summary of Records filed 9/13/05 made. Court will consider document as a part of Defendant's closing arguments. Further direct examination of Plaintiffs' Witness Nidia I. Novak resumed. Exhibit 208 [Selected Documents from Exhibits 1 through 37 (Volumes 1 thru 3)] Admitted. Exhibit 103 Admitted as an aid to testimony. Cross examination of Plaintiffs' Witness Nidia I. Novak. Objections made as to Dr. Bursztajn's report. Arguments heard. Court ruling made, reference to report allowed as long as foundation laid. Stipulation regarding testimony of David M. Amberger, M.D., arguments heard. Objections sustained. Plaintiff's Witness taken out of order. Dr. Harold J. Bursztajn, M.D., CST. Witness qualified as an expert in forensic psychiatry. Further Non Jury Trial set for 8:30 9/15/05, LEK. ( Ct Rptr : Sharon Ross) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                  Blank 137 Filed: 9/14/2005, Entered: 9/15/2005 Stipulation
                                                                                                  STIPULATION regarding testimony of David M. Amberger, M.D. (emt)
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                                                                                                    Blank 136 Filed: 9/13/2005, Entered: 9/14/2005 Minutes-MiscellaneousCourt Filing
                                                                                                    EP : Non Jury Trial - Plaintiffs Nidia I. Toro nka Nidia Novak and Alejandro G. Toro nka Alejandro Novak present. Opening Statements made by Plaintiffs and Defendant. Plaintiffs' Witness: Nidia I. Novak, CST. Parties stipulate to taking a witness out of order. Kathleen S. Pierce, PsyD, CSAC, CST. Exhibits: 101, 205, 206, 207 and 202A Admitted. Direct testimony of witness Nidia I. Novak resumed. Further Non Jury Trial set for 9:00 9/14/05, LEK. ( Ct Rptr : Sharon Ross) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                      Blank 135 Filed: 9/13/2005, Entered: 9/14/2005 Minutes-MiscellaneousCourt Filing
                                                                                                      EO : Status Conference set for 09/29/2005 09:00:00 AM before LEK. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                        Blank 134 Filed: 9/13/2005, Entered: 9/13/2005 Miscellaneous Document
                                                                                                        Defendant's chronological summary of records; certificate of service by defendant United States of America (emt)
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                                                                                                          Blank 133 Filed: 9/9/2005, Entered: 9/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                                          EO : ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CAROL FORSLOFF AND THOMAS LOUDAT - This matter having come on for hearing on September 8, 2005 with William Copulos, Esq., and Joseph J. Mellon, Esq., representing Plaintiffs Nidia I. Toro, now known as Nidia Novak, individually and as Next Friend for her minor son, Alejandro G. Toro, now known as Alejandro Novak (collectively "Plaintiffs"), and Thomas A. Helper, Assistant United States Attorney, representing Defendant United States of America ("Defendant"), the Court hereby DENIES Defendant's Motion in Limine to Exclude the Testimony of Carol Forsloff and Thomas Loudat ("Motion"). Defendant argues that Plaintiff's claim for future medical care outside of the Veteran's Administration ("VA") is an adjudication of a veterans benefits claim, which is within the exclusive jurisdiction of the Court of Appeals for Veterans Claims. (Def.'s Mem. at 13 (citing 38 U.S.C. 511)). Plaintiff contends, however, that further treatment in a VA hospital would perpetuate her injuries from Post-Traumatic Stress Disorder ("PTSD"), and thus this Court has the ability to award monetary damages to permit Plaintiff to receive future medical care outside of the VA system. (Pl.'s Mem. at 11 (citing Deasy v. United States, 99 F.3d 354, 359-60 (10th Cir. 1996)). The Court finds the analysis of 38 U.S.C. 511 as set forth in Thomas v. Principi, 394 F.3d 970 (D.C. Cir. 2005), to be applicable to the case at hand. Thus the Court must "determine whether adjudicating [Plaintiff's] claims would require the district court to determine first whether the VA acted properly in handling' [Plaintiff's] benefits request." Id. at 974 (citation omitted). The Court therefore concludes that, to the extent that Plaintiffs' claims do not allege that the VA failed to pay or provide for treatment, these claims do not raise "questions of law [or] fact necessary to a decision by the Secretary under a law that affects the provision of benefits.'" Id. (quoting 38 U.S.C. 511). To the extent that Plaintiffs' claims require this Court to determine first whether the VA acted properly in providing benefits to Plaintiff, these claims are barred by section 511. See id. at 975 (citing Price v. United States, 228 F.3d 420, 422 (D.C. Cir. 2000) (per curiam)). Subject to Plaintiffs meeting their evidentiary obligations and establishing that their claims do not allege that the VA failed to pay or provide for treatment, the Motion is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. Cc: all counsel [121-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                            Blank 132 Filed: 9/8/2005, Entered: 9/9/2005 Minutes-MiscellaneousCourt Filing
                                                                                                            EP : Defendant's Motion in Limine to Exclude the Testimony of Carol Forsloff and Thomas Loudat - Joseph J. Mellon participated by phone. Arguments heard. Motion taken under Advisement. Court to issue Order. [121-1] ( Ct Rptr : FTR C7, 9:00-9:25) JUDGE Mag Judge Leslie E. Kobayashi (emt)
                                                                                                              LREF
                                                                                                              Blank 131 Filed: 9/7/2005, Entered: 9/8/2005 Minutes-MiscellaneousCourt Filing
                                                                                                              EO :Continued : [Defendant's Motion in Limine to Exclude the Testimony of Carol Forsloff and Thomas Loudat] from 09/07/2005 09:00:00 AM to 09/08/2005 09:00:00 AM before LEK. [121-1] 9:00 9/8/05 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
                                                                                                                LREF
                                                                                                                Blank 130 Filed: 8/30/2005, Entered: 9/1/2005 Memorandum in Opposition to Motion
                                                                                                                MEMORANDUM by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro in opposition to motion in limine to exclude the testimony of Carol Forsloff and Thomas Loudat [121-1]; exhibits 1-11; certificate of service (eps)
                                                                                                                  LREF
                                                                                                                  Blank 129 Filed: 8/30/2005, Entered: 9/1/2005 Response/Reply - Miscellaneous
                                                                                                                  OBJECTIONS to defendants exhibits; certificate of service - by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro (eps)
                                                                                                                    LREF
                                                                                                                    Blank 128 Filed: 8/30/2005, Entered: 9/1/2005 Trial Brief
                                                                                                                    TRIAL brief; certificate of service - submitted by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro (eps)
                                                                                                                      LREF
                                                                                                                      Blank 127 Filed: 8/30/2005, Entered: 8/30/2005 Trial Brief
                                                                                                                      TRIAL brief of defendant United States; table of contents; certificate of service submitted by defendant United States of America (emt)
                                                                                                                        LREF
                                                                                                                        Blank 126 Filed: 8/30/2005, Entered: 8/30/2005 Response/Reply - Miscellaneous
                                                                                                                        OBJECTIONS to plaintiffs' designation of deposition testimony; certificate of service by defendant United States of America (emt)
                                                                                                                          LREF
                                                                                                                          Blank 125 Filed: 8/30/2005, Entered: 8/30/2005 Response/Reply - Miscellaneous
                                                                                                                          OBJECTIONS to plaintiff's proposed exhibits; certificate of service by defendant United States of America (emt)
                                                                                                                            LREF
                                                                                                                            Blank 124 Filed: 8/30/2005, Entered: 8/30/2005 Miscellaneous Document
                                                                                                                            Defendant's COUNTER DESIGNATION of deposition testimony; certificate of service by defendant United States of America (emt)
                                                                                                                              LREF
                                                                                                                              Blank 123 Filed: 8/24/2005, Entered: 8/26/2005 Witness List
                                                                                                                              FINAL WITNESS list; certificate of service submitted by plaintiffs Nidia I. Toro and Alejandro G. Toro (emt)
                                                                                                                                LREF
                                                                                                                                Blank 122 Filed: 8/23/2005, Entered: 8/24/2005 Witness List
                                                                                                                                Defendant's FINAL WITNESS list; certificate of service submitted by defendant United States of America (emt)
                                                                                                                                  LREF
                                                                                                                                  Blank 121 Filed: 8/23/2005, Entered: 8/24/2005, Terminated: 9/9/2005 Motion in LimineCourt Filing
                                                                                                                                  NOTICE OF MOTION and motion by defendant United States of America in limine to exclude the testimony of Carol Forsloff and Thomas Loudat ; table of contents; table of authorities; memorandum in support of defendant's motion in limine to exclude the testimony of Carol Forsloff and Thomas Loudat; exhibits A-L; certificate of service - set for 9:00 9/7/05 before Mag Judge Leslie E. Kobayashi (emt)
                                                                                                                                    LREF
                                                                                                                                    Blank 120 Filed: 8/23/2005, Entered: 8/24/2005 Miscellaneous Document
                                                                                                                                    DESIGNATION of deposition testimony by plaintiffs Nidia I. Toro, Alejandro G. Toro (emt)
                                                                                                                                      LREF
                                                                                                                                      Blank 119 Filed: 8/23/2005, Entered: 8/24/2005 Miscellaneous Document
                                                                                                                                      DESIGNATION of deposition testimony of Colonel Melvin Hunter; certificate of service by defendant United States of America (emt)
                                                                                                                                        LREF
                                                                                                                                        Blank 118 Filed: 8/22/2005, Entered: 8/24/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                        EP : Final Pretrial Conference held. Joseph J. Mellon participated by phone. Trial Days: Plaintiff - 2 ; Defendant - 3; Witnesses: Plaintiff - 8, (1 by video conference), Defendant - 8, (4 by video conference); Exhibits: Plaintiff - 1 to 100. Defendant - 200 series; Motions in Limine: Plaintiff - 0, Defendant - 1. , ; ( Ct Rptr : no record) JUDGE Mag Judge Leslie E. Kobayashi (emt)
                                                                                                                                          LREF
                                                                                                                                          Blank 117 Filed: 8/16/2005, Entered: 8/17/2005 Miscellaneous Document
                                                                                                                                          FIRST AMENDED FINAL PRETRIAL STATEMENT; exhibit A-B; certificate of service by plaintiffs (emt)
                                                                                                                                            LREF
                                                                                                                                            Blank 116 Filed: 8/15/2005, Entered: 8/16/2005 Miscellaneous Document
                                                                                                                                            PRETRIAL STATEMENT of defendant; certificate of service by defendant United States of America (emt)
                                                                                                                                              LREF
                                                                                                                                              Blank 115 Filed: 8/9/2005, Entered: 8/10/2005 Miscellaneous Document
                                                                                                                                              FINAL PRETRIAL STATEMENT; exhibits A-B; certificate of service by plaintiffs Nidia I. Toro and Alejandro G. Toro (emt)
                                                                                                                                                LREF
                                                                                                                                                Blank 114 Filed: 8/9/2005, Entered: 8/10/2005 Initial Disclosure
                                                                                                                                                FIRST SUPPLEMENTAL FED.R.CIV.P. 26(a)(1) INITIAL DISCLOSURES by plaintiffs Nidia I. Toro and Alejandro G. Toro (emt)
                                                                                                                                                  LREF
                                                                                                                                                  Blank 113 Filed: 8/3/2005, Entered: 8/4/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                  EO : Continued : [Final Pretrial Conference] from 08/15/2005 09:00:00 AM to 08/22/2005 09:00:00 AM before LEK. William Copulos to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
                                                                                                                                                    LREF
                                                                                                                                                    Blank 112 Filed: 8/3/2005, Entered: 8/4/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                    EO : By agreement of counsel, Further Settlement Conference set for 8/08/2005 at 11:00 AM before Judge Chang is hereby vacated. Parties are too far apart. Mr. Helper to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (emt)
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                                                                                                                                                      Blank 111 Filed: 6/16/2005, Entered: 6/17/2005 Stipulation and OrderCourt Filing
                                                                                                                                                      STIPULATED MOTION [103-1] to amend scheduling order by Mag Judge Leslie E. Kobayashi on behalf of plaintiff - discovery to be completed on or before August 8, 2005 (emt)
                                                                                                                                                        LREF
                                                                                                                                                        Blank 110 Filed: 6/15/2005, Entered: 6/16/2005 Certificate Of Service.
                                                                                                                                                        CERTIFICATE of service by plaintiffs (emt)
                                                                                                                                                          LREF
                                                                                                                                                          Blank 109 Filed: 6/15/2005, Entered: 6/16/2005 Certificate Of Service.
                                                                                                                                                          CERTIFICATE of service by plaintiffs (emt)
                                                                                                                                                            LREF
                                                                                                                                                            Blank 108 Filed: 6/9/2005, Entered: 6/9/2005 Certificate Of Service.
                                                                                                                                                            CERTIFICATE of service by defendant United States of Ame (emt)
                                                                                                                                                              LREF
                                                                                                                                                              Blank 107 Filed: 5/24/2005, Entered: 5/24/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                              EO : Final Pretrial Conference set for 9:00 8/2/05 is continued to 08/15/2005 09:00:00 AM before LEK. Final Pretrial Statements are now due 8/8/05. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                                                                Blank 106 Filed: 5/24/2005, Entered: 5/24/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                EO : By agreement of counsel, Further Settlement Conference set 6/02/2005 at 11:00 AM has been continued to 8/08/2005 at 11:00 AM before Judge Chang. Tom Helper to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (emt)
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                                                                                                                                                                  Blank 105 Filed: 2/22/2005, Entered: 2/22/2005 Service - Miscellaneous
                                                                                                                                                                  PROOF OF SERVICE of Notice of Taking Depos upon written Questions served upon Clumbia University (gab)
                                                                                                                                                                    LREF
                                                                                                                                                                    Blank 104 Filed: 2/22/2005, Entered: 2/22/2005 Service - Miscellaneous
                                                                                                                                                                    PROOF OF SERVICE upon Custodian of Records, New York Psychiatric Institute of Notice of Taking Depos upon written Quest. (gab)
                                                                                                                                                                      LREF
                                                                                                                                                                      Blank 103 Filed: 2/18/2005, Entered: 2/22/2005 Scheduling OrderCourt Filing
                                                                                                                                                                      Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (gab)
                                                                                                                                                                        LREF
                                                                                                                                                                        Blank 102 Filed: 2/17/2005, Entered: 2/18/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                        EO : : Parties are in agreement to continue the trial date and all deadlines. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on September 13, 2005 at 9:00 a.m. before LEK 2. Final Pretrial Conference on August 2, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 26, 2005 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by June 15, 2005 7. File Dispositive Motions by April 13, 2005 8a. File Motions in Limine by August 23, 2005 8b. File opposition memo to a Motion in Limine by August 30, 2005 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline July 15, 2005 13. Further Settlement Conference set for June 2, 2005 at 11:00 a.m. before KSC 14. Updated Settlement Conference statements by May 26, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by August 23, 2005 24. Exchange Exhibit and Demonstrative aids by August 16, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 23, 2005 26. File objections to the Exhibits by August 30, 2005 28a. File Deposition Excerpt Designations by August 23, 2005 28b. File Deposition Counter Designations and Objections by August 30, 2005 29. File Trial Brief by August 30, 2005 30. File Findings of Fact & Conclusions of Law by August 30, 2005 Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ; Trial set for 9:00 9/13/05 before Mag Judge Leslie E. Kobayashi , ; Pretrial conference set for 9:00 8/2/05 before Mag Judge Leslie E. Kobayashi , ; Discovery ddl set for 7/15/05 ; Motion filing ddl set for 4/13/05 ( Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (gab)
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                                                                                                                                                                          Blank 101 Filed: 2/16/2005, Entered: 2/17/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                          EP : Further Status Conference. Parties to consent to Magistrate Kobayashi. Status Conference to obtain new trial date and deadlines to be set up with Judge Kobayashi once the consent has been signed by Judge Mollway. ( Ct Rptr : C5 9:15-9:20) JUDGE Mag Judge Kevin S. Chang (emt)
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                                                                                                                                                                            Blank 100 Filed: 2/16/2005, Entered: 2/17/2005 Consent to Jurisdiction by U.S. Magistrate JudgeCourt Filing
                                                                                                                                                                            NOTICE, CONSENT AND ORDER OF REFERENCE - upon consent of parties this case transferred to Mag Judge Leslie E. Kobayashi for final disposition (cc: counsel; LEK, SOM, KSC; respective CRM's) (afc)
                                                                                                                                                                              LREF
                                                                                                                                                                              Blank 99 Filed: 2/11/2005, Entered: 2/14/2005 Certificate Of Service.
                                                                                                                                                                              CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                LREF
                                                                                                                                                                                Blank 98 Filed: 2/3/2005, Entered: 2/8/2005 Certificate Of Service.
                                                                                                                                                                                CERTIFICATE of service by defendant United States of Ame (bbb)
                                                                                                                                                                                  LREF
                                                                                                                                                                                  Blank 97 Filed: 2/3/2005, Entered: 2/8/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                  EO: Final Pretrial Conference set for 2/08/2005 at 9:00 AM before Judge Chang is hereby vacated and will be reset. cc: all counsel via fax ; final pretrial conference 2/3/05 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb)
                                                                                                                                                                                    LREF
                                                                                                                                                                                    Blank 96 Filed: 2/3/2005, Entered: 2/3/2005 Miscellaneous Document
                                                                                                                                                                                    Notice of WITHDRAWAL OF MOTION by defendant United States of America withdrawing motion to extend discovery cut-off [91-1] filed on 1/21/2005; certificate of service (gab)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank 95 Filed: 2/2/2005, Entered: 2/3/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                      EP: Status conference; Mr. Helper to contact Judge Mollway's courtroom manager regarding the July 12, 2005 Non Jury Trial date; Further Status conference set for 2/16/05 @ 9:15 a.m. before Judge Chang (Ct Rptr: no record) by Mag Judge Kevin S. Chang (gs)
                                                                                                                                                                                        LREF
                                                                                                                                                                                        Blank 94 Filed: 1/28/2005, Entered: 1/31/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                        EO : status conference set for 9:00 2/2/05 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
                                                                                                                                                                                          LREF
                                                                                                                                                                                          Blank 93 Filed: 1/28/2005, Entered: 1/31/2005 OrderCourt Filing
                                                                                                                                                                                          Joint Motion to Continue Trial Date; declaration of William Copulos; Notice of hearing of motion; certificate of service; ORDER by Judge Susan O. Mollway ; Trial is continued to Tuesday, July 12, 2005 at 9:00 a.m. before Judge Susan O. Mollway and any change must be by the trial Judge. New pretrial deadlines should be obtained by the parties from Judge Chang (gab)
                                                                                                                                                                                            LREF
                                                                                                                                                                                            Blank 92 Filed: 1/27/2005, Entered: 1/28/2005 Motion to ContinueCourt Filing
                                                                                                                                                                                            Joint motion to continue trial date ; declaration of William Copulos; notice of hearing of motion; certificate of service; Non hearing motion; Referred to Mag Judge Kevin S. Chang (sm)
                                                                                                                                                                                              LREF
                                                                                                                                                                                              Blank 91 Filed: 1/21/2005, Entered: 1/21/2005, Terminated: 2/3/2005 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                              NOTICE OF MOTION and motion by defendant United States of America to extend discovery cut-off declaration of Thomas A. Helper; exhibit A; certificate of service; set for 9:30 2/24/05 before Mag Judge Kevin S. Chang (gab)
                                                                                                                                                                                                LREF
                                                                                                                                                                                                Blank 90 Filed: 1/10/2005, Entered: 1/10/2005 Description not available
                                                                                                                                                                                                Supplemental DISCLOSURE OF EXPERT WITNESSES by defendant United States of America; certificate of service (gab)
                                                                                                                                                                                                  LREF
                                                                                                                                                                                                  Blank 89 Filed: 1/5/2005, Entered: 1/6/2005 OrderCourt Filing
                                                                                                                                                                                                  ORDER by Mag Judge Kevin S. Chang grating Defendant's Motion to Extend Deposition (gab)
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                                                                                                                                                                                                    Blank 88 Filed: 12/30/2004, Entered: 1/3/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                    EP :Discovery Conference. Discussion held regarding length of plaintiff's deposition. Pursuant to Rule 26(b)(2), the court will allow 6 hours of deposition of plaintiff to be completed in 2 three hour sessions. Mr. Helper to prepare Discovery Order. ( Ct Rptr : In Chambers no record) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                      Blank 87 Filed: 12/29/2004, Entered: 12/30/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                      EO : Discovery Conference set for 12/30/2004 at 9:00 AM before Judge Chang. William Copulos and Thomas Helper to participate by phone. All counsel notified by phone. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                        Blank 86 Filed: 12/27/2004, Entered: 12/28/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                        EO : Discovery Dispute. Counsel have met and conferred. No agreement was reached. Letter briefs to be faxed to Judge Chang's chambers by close of business on December 28, 2004. Thomas Helper and William Copulos notified. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
                                                                                                                                                                                                          LREF
                                                                                                                                                                                                          Blank 85 Filed: 12/8/2004, Entered: 12/9/2004 Certificate Of Service.
                                                                                                                                                                                                          CERTIFICATE of service by defendant United States of Ame (gs)
                                                                                                                                                                                                            LREF
                                                                                                                                                                                                            Blank 84 Filed: 12/1/2004, Entered: 12/1/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                            EP : settlement/status conference held 12/1/04 before Mag Judge Kevin S. Chang Settlement conference held. No. settlement. Further settlement conference on call. Counsel to possible consent to magistrate in order to secure firm trial date. ( Ct Rptr : In Chambers no record) JUDGE Mag Judge Kevin S. Chang (gab)
                                                                                                                                                                                                              LREF
                                                                                                                                                                                                              Blank 83 Filed: 11/30/2004, Entered: 11/30/2004 Certificate Of Service.
                                                                                                                                                                                                              CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                Blank 82 Filed: 11/24/2004, Entered: 11/26/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                EO: Settlement Conference currently set for 11/30/2004 at 2:00 PM has been continued to 12/01/2004 at 10:30 AM before Judge Chang. Mr. Mellon may participate by phone. cc: all counsel via fax () JUDGE Mag Judge Kevin S. Chang (afc)
                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                  Blank 81 Filed: 9/30/2004, Entered: 10/1/2004 Certificate Of Service.
                                                                                                                                                                                                                  CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                    Blank 80 Filed: 9/16/2004, Entered: 9/17/2004 Description not available
                                                                                                                                                                                                                    Supplemental DISCLOSURE OF EXPERT Testimony by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro; certificate of service (gab)
                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                      Sealed Legal Document 79 Filed: 9/14/2004, Entered: 9/15/2004 OrderCourt Filing
                                                                                                                                                                                                                      ORDER Regarding Trial date by Judge Susan O. Mollway - 3/22/05 (cc: all counsel) (sealed)
                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                        Blank 78 Filed: 9/1/2004, Entered: 9/2/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                        Second Amended Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (gab)
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                                                                                                                                                                                                                          Blank 77 Filed: 9/1/2004, Entered: 9/2/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                          EP : Status Conference Re: Trial Date and Other Deadlines. New trial date given. Second Amended Rule 16 Scheduling Conference Order to be issued. 1. Non-jury trial on March 22, 2005 at 9:00 a.m. before SOM 2. Final Pretrial Conference on February 8, 2005 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 1, 2005 5. File motions to Join/Add Parties/Amend Pleadings by (CLOSED) 6. File other Non-Dispositive Motions by December 22, 2004 7. File Dispositive Motions by October 20, 2004 8a. File Motions in Limine by March 1, 2005 8b. File opposition memo to a Motion in Limine by March 8, 2005 11a. Plaintiff's Expert Witness Disclosures by September 20, 2004 11b. Defendant's Expert Witness Disclosures by October 20, 2004 12. Discovery deadline January 21, 2005 13. Settlement Conference set for 11/30/2004 at 2:00pm before KSC 14. Settlement Conference statements by 11/23/2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 1, 2005 24. Exchange Exhibit and Demonstrative aids by February 22, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 1, 2005 26. File objections to the Exhibits by March 8, 2005 28a. File Deposition Excerpt Designations by March 1, 2005 28b. File Deposition Counter Designations and Objections by March 8, 2005 29. File Trial Brief by March 8, 2005 30. File Findings of Fact & Conclusions of Law by March 8, 2005 Other Matters: None ; Trial set for 9:00 3/22/05 before Judge Susan O. Mollway , final pretrial conference set for 9:00 2/8/05 settlement/status conference set for 2:00 11/30/04 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (gab) Modified on 09/02/2004
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                                                                                                                                                                                                                            Sealed Legal Document 76 Filed: 8/25/2004, Entered: 8/27/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                            EO : At the request of both counsel, the Settlement Converence currently set for 9/1/2004 at 2:00 p.m. has been changed to a status conference Re: Trial date and Other Deadlines for 9:00 9/1/04 before Mag Judge Kevin S. Chang William Copulos to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (sealed)
                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                              Blank 75 Filed: 7/23/2004, Entered: 7/23/2004 Service - Miscellaneous
                                                                                                                                                                                                                              PROOF OF SERVICE by USM of Notice of Taking Deposition upon New York Presbyterian Hospital (gab)
                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                Sealed Legal Document 74 Filed: 7/2/2004, Entered: 7/2/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                EO : At the request of both counsel; the settlement conference currently set for 7/9/2004 at 11:00 a.m. has been continued to 2:00 9/1/04 before Mag Judge Kevin S. Chang Mr. Helper to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (sealed)
                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                  Blank 73 Filed: 6/23/2004, Entered: 6/24/2004 Certificate Of Service.
                                                                                                                                                                                                                                  CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                    Sealed Legal Document 72 Filed: 6/18/2004, Entered: 6/21/2004 Certificate Of Service.
                                                                                                                                                                                                                                    CERTIFICATE of service by defendant United States of America (sealed)
                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                      Blank 71 Filed: 6/18/2004, Entered: 6/18/2004 Certificate Of Service.
                                                                                                                                                                                                                                      CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                        Blank 70 Filed: 6/17/2004, Entered: 6/17/2004 Certificate Of Service.
                                                                                                                                                                                                                                        CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                          Blank 69 Filed: 5/14/2004, Entered: 5/17/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                          EO : settlement conference currently set for 6/30/04 at 3; 00 p.m. has been continued to 11:00 7/9/04 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                            Blank 68 Filed: 4/27/2004, Entered: 4/28/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                            Amended Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (gab)
                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                              Blank 67 Filed: 4/26/2004, Entered: 4/27/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                              EP : Continued Hearing on Motion of Defendant United States to Continue Trial. Mr. Copulos to withdraw his opposition to the government's Motion to Continue Trial. Motion granted. Trial continued to 10/26/04 before Judge Mollway. Amended Rule 16 Order to be issued. 1. Non-jury trial on October 26, 2004 at 9:00 a.m. before SOM 2. Final Pretrial Conference on September 14, 2004 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by September 7, 2004 5. File motions to Join/Add Parties/Amend Pleadings by (CLOSED) 6. File other Non-Dispositive Motions by (CLOSED) 7. File Dispositive Motions by (CLOSED) 8a. File Motions in Limine by October 5, 2004 8b. File opposition memo to a Motion in Limine by October 12, 2004 11a. Plaintiff's Expert Witness Disclosures by (CLOSED) except for rebuttal expert 11b. Defendant's Expert Witness Disclosures by (CLOSED) 12. Discovery deadline August 27, 2004 13. Settlement Conference set for 6/30/2004 at 3:00pm before KSC 14. Settlement Conference statements by 6/23/2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by October 5, 2004 24. Exchange Exhibit and Demonstrative aids by September 28, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by October 5, 2004 26. File objections to the Exhibits by October 12, 2004 28a. File Deposition Excerpt Designations by October 5, 2004 28b. File Deposition Counter Designations and Objections by October 12, 2004 29. File Trial Brief by October 12, 2004 30. File Findings of Fact & Conclusions of Law by October 12, 2004 Other Matters: None. [58-1] ; Trial set for 9:00 10/26/04 before Judge Susan O. Mollway , ; final pretrial conference set for 9:00 9/14/04 ; Discovery ddl set for 8/27/04 ; settlement conference set for 3:00 6/30/04 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 CD3 9:30-9:34:20) JUDGE Mag Judge Kevin S. Chang (eps)
                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                Blank 66 Filed: 4/23/2004, Entered: 4/26/2004 Certificate Of Service.
                                                                                                                                                                                                                                                CERTIFICATE of service by defendant United States of America (gab)
                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                  Blank 65 Filed: 4/23/2004, Entered: 4/26/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                  EO : The time for the Continued Hearing on Motion of Defendant United States to Continue Trial set for 4/26/2004 at 9:00AM has been moved to 9:30 AM on 4/26/2004 before Judge Chang. cc: Tom Helper and William Copulos via fax ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                    Blank 63 Filed: 4/13/2004, Entered: 4/13/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                    RESPONSE by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro to motion of defendant United States to continue trial [58-1]; declaration of Joseph J. Mellon (gab)
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                                                                                                                                                                                                                                                      Blank 64 Filed: 4/12/2004, Entered: 4/14/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                      EP : Motion of Defendant United States to Continue Trial-Oral Argument Held. Counsel have a Conference with Judge Mollway regarding this case on April 12, 2004. This matter continued to April 26, 2004 @9:00 a.m. ( Ct Rptr : C5 CD2 (9:30)) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                        Blank 62 Filed: 4/12/2004, Entered: 4/13/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                        EP : Status Conference - held in Chambes. Discussion held re: scheduling, consenting to have this trial conducted by a magistrate, and mediation. Parties to conduct further discussion. ( Ct Rptr : no record) JUDGE Judge Susan O. Mollway (gab)
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                                                                                                                                                                                                                                                          Blank 61 Filed: 4/7/2004, Entered: 4/8/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                          RESPONSE by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro to motion of defendant United States to Continue trial [58-1]; declaration of Joseph J. Mellon (gab)
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                                                                                                                                                                                                                                                            Blank 60 Filed: 3/31/2004, Entered: 4/1/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                            EO : Defendant USA's Ex Parte Motion to Shorten Time for Hearing of Motion of Defendant United States to Continue Trial has been granted by Judge Chang. Motion of Defendant United States to Continue Trial is set for 4/12/2004 at 9:30 AM before Judge Chang. Opposition due: 4/7/04 cc: Thomas Helper, Joseph Mellon and William Copulos via fax [59-1] 9:30 4/12/04 () JUDGE Mag Judge Kevin S. Chang (fe)
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                                                                                                                                                                                                                                                              Blank 59 Filed: 3/31/2004, Entered: 4/1/2004 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                              EX PARTE MOTION and Order by Mag Judge Kevin S. Chang by defendant United States of Ame re [58-1] shorten time for hearing of motion of defendant United States to continue trial declaration of Thomas A. Helper (gab)
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                                                                                                                                                                                                                                                                Blank 58 Filed: 3/31/2004, Entered: 4/1/2004 Motion to ContinueCourt Filing
                                                                                                                                                                                                                                                                MOTION by defendant United States of America to continue trial declaration of Thomas A. Helper; certificate of service; set for 9:30 4/12/04 before Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                  Blank 57 Filed: 3/25/2004, Entered: 3/29/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                  EP : ; settlement conference held 3/25/04 before Mag Judge Kevin S. Chang Defense counsel to file motion to continue trial. Plaintiff does not object to hearing motion on expedited basis. Parties to discuss possible bifurcation of statute of limitations issue and stay of trial pending interlocutory appeal, if any. Further settlement conference on call. ( Ct Rptr : In Chambers no record) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                    Blank 56 Filed: 2/4/2004, Entered: 2/5/2004 Description not available
                                                                                                                                                                                                                                                                    DISCLOSURE OF EXPERT Testimony by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro rule 26(a)(2)(A) and (B) (gab)
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                                                                                                                                                                                                                                                                      Blank 55 Filed: 1/7/2004, Entered: 1/8/2004 Stipulation
                                                                                                                                                                                                                                                                      STIPULATED Motion to Modify Scheduling Order to Extend Time to Disclose Expert Witnesses [48-1] (sm)
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                                                                                                                                                                                                                                                                        Blank 54 Filed: 12/10/2003, Entered: 12/11/2003 Certificate Of Service.
                                                                                                                                                                                                                                                                        CERTIFICATE of service by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro (gab)
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                                                                                                                                                                                                                                                                          Blank 53 Filed: 10/17/2003, Entered: 10/20/2003 Certificate Of Service.
                                                                                                                                                                                                                                                                          CERTIFICATE of service by defendant United States of America (gab)
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                                                                                                                                                                                                                                                                            Blank 52 Filed: 9/19/2003, Entered: 9/22/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                            ORDER by Judge Susan O. Mollway granting in part and denying in part defendant United States' motion to dismiss or in the alternative, transfer this matter to the Southern District of Florida; [34-1] (cc: all counsel) (gab)
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                                                                                                                                                                                                                                                                              Blank 51 Filed: 9/15/2003, Entered: 9/15/2003 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                              EP : Defendant USA's Motion to Dismiss or in the Alternative, Transfer this Matter to the Southern District of Florida - Arguments. Defendant USA's Motion to Dismiss or in the Alternative, Transfer this Matter to the Southern District of Florida - taken under advisement. Court to issue a written ruling possibly by Friday. Court invites the parties to submit filings re: the most efficient way this case should proceed in the event the Court does not grant the motion to dismiss. Filings are due by the end of the day tomorrow. [34-1] ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (gab)
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                                                                                                                                                                                                                                                                                Blank 50 Filed: 9/4/2003, Entered: 9/5/2003 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                Reply MEMORANDUM by defendant United States of America in support of motion of defendant United States to dismiss or in the alternative, transfer this matter to the Southern District of Florida; [34-1] (gab)
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                                                                                                                                                                                                                                                                                  Blank 49 Filed: 8/28/2003, Entered: 8/29/2003 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                  MEMORANDUM by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro in opposition to Defendant United States motion to dismiss or in the alternative, transfer this matter to the Southern District of Florida; [34-1] filed on 06/19/03; declaration of William Copulos; exhibits A-J; certificate of service (gab)
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                                                                                                                                                                                                                                                                                    Blank 48 Filed: 8/26/2003, Entered: 8/28/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                    Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (gab)
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                                                                                                                                                                                                                                                                                      Blank 47 Filed: 8/22/2003, Entered: 8/26/2003 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                      EP : Rule 16 Scheduling Conference. Rule 16 Scheduling Conference held. Rule 16 Scheduling Order to be issued. 1. Non-jury trial on July 7, 2004 at 9:00 a.m. before SOM (WEDNESDAY) 2. Final Pretrial Conference on May 25, 2004 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by May 18, 2004 5. File motions to Join/Add Parties/Amend Pleadings by December 5, 2003 6. File other Non-Dispositive Motions by April 7, 2004 7. File Dispositive Motions by February 4, 2004 8a. File Motions in Limine by June 15, 2004 8b. File opposition memo to a Motion in Limine by June 22, 2004 11a. Plaintiff's Expert Witness Disclosures by January 5, 2004 11b. Defendant's Expert Witness Disclosures by February 4, 2004 12. Discovery deadline May 7, 2004 13. Settlement Conference set for 3/25/2004 at 11:00am before KSC 14. Settlement Conference statements by 3/18/2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by June 15, 2004 24. Exchange Exhibit and Demonstrative aids by June 8, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by June 15, 2004 26. File objections to the Exhibits by June 22, 2004 28a. File Deposition Excerpt Designations by June 15, 2004 28b. File Deposition Counter Designations and Objections by June 22, 2004 29. File Trial Brief by June 22, 2004 30. File Findings of Fact & Conclusions of Law by June 22, 2004 Other Matters: None. ; rule 16 conference held on 9:00 8/22/03 before Mag Judge Kevin S. Chang , ; Trial set for 9:00 7/7/04 before Judge Susan O. Mollway , ; Pretrial conference set for 5/25/04 ; settlement/status conference set for 11:00 before Mag Judge Kevin S. Chang , ; Discovery ddl set for 5/7/04 ; Motion filing ddl set for 2/4/04 ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                        Blank 46 Filed: 8/22/2003, Entered: 8/22/2003 Certificate Of Service.
                                                                                                                                                                                                                                                                                        CERTIFICATE of service by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                          Blank 45 Filed: 8/20/2003, Entered: 8/20/2003 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                          EO : rule 16 scheduling conference set for 9:00 8/22/03 before Mag Judge Kevin S. Chang Joseph Mellon to participate by phone. William Copulos' office to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                            Blank 44 Filed: 8/14/2003, Entered: 8/18/2003 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                            SCHEDULING CONFERENCE STATEMENT by defendant United States of America; certificate of service (gab)
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                                                                                                                                                                                                                                                                                              Blank 43 Filed: 8/13/2003, Entered: 8/18/2003 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                              EO : Pursuant to Defendant's request the rule 16 scheduling conference currently set for 8/21/2003 at 9:00 a.m. has been continued to 9:00 8/22/03 before Mag Judge Kevin S. Chang Thomas Helper to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                                Blank 42 Filed: 7/10/2003, Entered: 7/14/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                ORDER by Mag Judge Kevin S. Chang granting motion for attorney Joseph J. Mellon to appear pro hac vice [38-1] (gab)
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                                                                                                                                                                                                                                                                                                  Blank 41 Filed: 7/10/2003, Entered: 7/14/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                  ORDER by Mag Judge Kevin S. Chang granting motion for attorney Brian R. Reynolds to appear pro hac vice [37-1] (gab)
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                                                                                                                                                                                                                                                                                                    Blank 40 Filed: 7/10/2003, Entered: 7/14/2003 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                    SCHEDULING CONFERENCE STATEMENT by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro; certificate of service (gab)
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                                                                                                                                                                                                                                                                                                      Blank 39 Filed: 7/9/2003, Entered: 7/11/2003 Report of Planning Meeting
                                                                                                                                                                                                                                                                                                      REPORT OF PARTIES PLANNING MEETING by defendant United States of America (gab)
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                                                                                                                                                                                                                                                                                                        Blank 38 Filed: 7/7/2003, Entered: 7/8/2003, Terminated: 7/10/2003 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                        Application by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro for attorney Joseph J. Mellon to appear pro hac vice before Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                                          Blank 37 Filed: 7/7/2003, Entered: 7/8/2003, Terminated: 7/10/2003 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                          APPLICATION by plaintiff Nidia I. Toro, plaintiff Alejandro G. Toro for attorney Brian R. Reynolds to appear pro hac vice before Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                                            Blank 36 Filed: 7/1/2003, Entered: 7/2/2003 Notice of Appearance/
                                                                                                                                                                                                                                                                                                            APPEARANCE of Local counsel for plaintiffs Nidia I. Toro, plaintiff Alejandro G. Toro by William Copulos; certificate of service (gab)
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                                                                                                                                                                                                                                                                                                              Blank 35 Filed: 7/1/2003, Entered: 7/1/2003 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                              EO : The rule 16 scheduling conference currently set for 7/21/03 at 9:00 a.m. has been continued to 9:00 8/21/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (gab)
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                                                                                                                                                                                                                                                                                                                Blank 34 Filed: 6/19/2003, Entered: 6/20/2003, Terminated: 9/19/2003 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                NOTICE OF MOTION and motion by defendant United States of America to dismiss or in the alternative, transfer this matter to the Southern District of Florida; table of authorities; memorandum in support of motion of defendant United States to Dismiss or in the Alternative, transfer this matter to the Southern District of Florida; declaration of Edmond De Guzman; exhibits 1-5; certificate of service; set for 9:45 9/15/03 before Judge Susan O. Mollway (gab)
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                                                                                                                                                                                                                                                                                                                  Blank 33 Filed: 1/22/2003, Entered: 1/24/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER by Judge David A. Ezra rule 16 conference set for 9:00 7/21/03 before Mag Judge Kevin S. Chang (cc: all counsel) (gab)
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                                                                                                                                                                                                                                                                                                                    Blank 32 Filed: 1/22/2003, Entered: 1/24/2003 Complaint
                                                                                                                                                                                                                                                                                                                    TRANSFER IN of Civil case from USDC Southern District of Florida - case no. 02-21517 (gab)
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