Doe v. Smith

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:96-cv-00527-RAJ
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Summary

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Parties
No Logo John Doe, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas John Harlan, Jr. +1 757 625 8300

Represented by Epstein & Sandler PC

Name Phone Fax E-Mail
Space John Milton Flora +1 757 627 8900
v.
No Logo Hugh D. Smith, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Dante M. Filetti +1 757 623 0035

Represented by Goodman Allen & Filetti PLLC

Name Phone Fax E-Mail
Space Charles M Allen +1 804 346 0600 +1 804 346 5954 callen@goodmanallen.com
Attributes
Office Norfolk
Filed 5/28/1996
Jury Demand Plaintiff
Demand $1500000
Nature of Suit 362 - Personal Injury: Medical Malpractice
Cause Section 28 U.S.C. § 1332 Diversity-Medical Malpractice
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County Out of State
Terminated 1/14/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/11/2000, Entered: 8/11/2000 Exhibit
Exhibits disposed of by the clerk (mwin)
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Blank 31 Filed: 1/14/1997, Entered: 1/14/1997 Judgment*
JUDGMENT by jury verdict that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant recover of the plaintiff his costs of action; and that the plaintiff's motion to set aside the verdict is DENIED, entered by the clerk 1/13/97 and filed 1/14/97. OB. Copies Mailed: 1/14/97 (clerk) Modified on 01/14/1997
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Blank -- Filed: 1/14/1997, Entered: 1/14/1997 Terminated Case
Case closed (clerk)
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Blank -- Filed: 1/14/1997, Entered: 1/14/1997 Case Assigned/Reassigned
CASE assigned to Judge Raymond A. Jackson (clerk)
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Blank 32 Filed: 1/13/1997, Entered: 2/21/1997 OrderCourt Filing
ORDER the jurors in this case having been sequestered, the United States Marshal is to provide meals at the expense of the United States, entered and filed in Open Court 1/13/97 (received in the Civil Section 2/21/97) (signed by Judge Raymond A. Jackson) (clerk)
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Blank 30 Filed: 1/13/1997, Entered: 1/14/1997 Jury Verdict
JURY VERDICT for Hugh D. Smith. Filed in open court. (clerk)
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Blank 29 Filed: 1/13/1997, Entered: 1/14/1997 Transcript
TRANSCRIPT for dates of January 9, 1996 (1997), the testimony of Dr. Mark Schwartz and direct of Dr. Hugh D. Smith before the Honorable Raymond A. Jackson. (clerk)
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Blank -- Filed: 1/13/1997, Entered: 1/14/1997 Minutes-Miscellaneous
JURY TRIAL PROCEEDINGS, RAJ, USDJ. Sharon Borden, reporter. Continuation of jury trial. Jurors, parties and counsel appeared. Testimony of Dr. Mark Schwartz and direct of Hugh D. Smith filed. Final arguments heard. Jury received Court's charge and retired to begin their deliberations. Sometime later jury returned with the following verdict: "We the jury find for the defendant," signed Robert Rechner, foreperson and dated 1/13/97. Jurors were polled and all answered in the affirmative. Jurors were excused subject to call. Court directed Clerk to enter judgment. Plaintiff made a motion to set aside the verdict--Court DENIED, ruling read in the record. Court adjourned. (clerk)
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Blank -- Filed: 1/13/1997, Entered: 1/14/1997 Jury Trial Begun
Jury Trial held (clerk)
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Blank 28 Filed: 1/10/1997, Entered: 1/14/1997 Deposition
VIDEO TAPE DEPOSITION of Gerald Jordan, M.D. filed in open court (clerk)
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Blank -- Filed: 1/10/1997, Entered: 1/13/1997 Minutes-Miscellaneous
JURY TRIAL PROCEEDINGS, RAJ, USDJ. Sharon Borden, reporter. Continuation of jury trial. Jurors, parties and counsel appeared. Plaintiff continued with presentation of evidence. Video tape deposition of Gerald Jordon played to the jury. Video tape deposition received and filed of Gerald Jordon, M.D. Deposition of Gerald Jordon, M.D. filed. Plaintiff rested. Out of presence of the jury, defendant made a motion for judgment as a matter of law. Argued. Court DENIED, rulings in record. Defendent presented evidence and rested. Out of the presence of jury, the plaintiff made a motion for summary judgment, argued. Court DENIED, ruling in the record. Plaintiff presented rebuttal evidence. Jurors excused until Monday (1/13/97) at 10:00 a.m. Court directed counsel to appear at 9:00 a.m. 1/13/97 to go over jury instructions in Chambers. Court adjourned. (clerk)
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Blank -- Filed: 1/10/1997, Entered: 1/13/1997 Jury Trial Begun
Jury Trial held (clerk)
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Blank -- Filed: 1/9/1997, Entered: 1/13/1997 Minutes-Miscellaneous
JURY TRIAL PROCEEDINGS, RAJ, USDJ. Sharon Borden, reporter. Counsel present. Matter came on for trial by jury. counsel and parties appeared to argue pretrial motions: Plaintiff's and defendant's motions in limine (nos. 19, 21 and 23)--Court DENIED, ruling in the record. Defendant's motion for summary judgment as to Count 1--Court DENIED; as to Count 2--Court takes under advisement, rulings in record. Jury appeared as summoned and sworn on voir dire. Eight (8) jurors were selected and sworn to try the issue. Jurors not selected were excused subject to call. Opening statements heard. Witneses excluded from courtroom. Plaintiff presented evidence. Video tape deposition of Gerald Jordan played to the jury. Jurors & parties excused until tomorrow morning at 10:00 a.m. Court adjourned. (clerk)
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Blank -- Filed: 1/9/1997, Entered: 1/13/1997 Jury Trial Begun
Jury Trial held (clerk)
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Blank 26 Filed: 1/8/1997, Entered: 1/8/1997, Terminated: 1/14/1997 Response in Opposition to Motion
RESPONSE by John Doe in opposition to [23-1] motion by Hugh D. Smith in Limine Regarding Testimony Of Plaintiff's Expert Witness, Gerald H. Jordan, M.D. (clerk)
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Blank 25 Filed: 1/8/1997, Entered: 1/8/1997, Terminated: 1/14/1997 Motion in Limine
MOTION by John Doe in Limine Regarding Testimony Of Urologist Dr. David Gallo (clerk)
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Blank 24 Filed: 1/7/1997, Entered: 1/8/1997 Memorandum in Opposition
MEMORANDUM by Hugh D. Smith in opposition to [21-1] motion by John Doe in Limine Regarding Testimony of Defense Witness Dr. Boyd Winslow, received. (clerk)
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Blank 23 Filed: 1/7/1997, Entered: 1/8/1997 Motion in Limine
MOTION by Hugh D. Smith in Limine Regarding Testimony Of Plaintiff's Expert Witness, Gerald H. Jordan, M.D. (clerk)
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Blank 22 Filed: 1/7/1997, Entered: 1/7/1997, Terminated: 1/14/1997 Response in Opposition to Motion
RESPONSE by John Doe in opposition to [19-1] motion by Hugh D. Smith in Limine Regarding Testimony Of Plaintiff's Expert, Eugene F. Poutasse, M.D. (clerk)
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Blank 21 Filed: 1/6/1997, Entered: 1/7/1997 Motion in Limine
MOTION by John Doe in Limine Regarding Testimony of Defense Witness Dr. Boyd Winslow (clerk)
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Blank 20 Filed: 1/3/1997, Entered: 1/3/1997 OrderCourt Filing
ORDER granting in part, denying in part [12-1] motion by John Doe in Limine Regarding Testimony of defendant's expert Dr. Charles Horton, Jr.; that Charles C. Horton, Jr., M.D. not be permitted to testify about his experience with five other laceration of the penis cases during circumcision; that the plaintiff and defendant agree that Dr. Horton may testify as to the present condition of the plaintiff and any treatment that may be performed to improve the condition of the plaintiff; and the defendant concedes that Dr. Horton may not testify as to the standard of care of gynecologist/obstetrician physicians in 1981, entered and filed 1/3/97 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 1/3/97 (clerk)
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Blank 19 Filed: 1/3/1997, Entered: 1/3/1997, Terminated: 1/14/1997 Motion in Limine
MOTION by Hugh D. Smith in Limine Regarding Testimony Of Plaintiff's Expert, Eugene F. Poutasse, M.D. (clerk)
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Blank -- Filed: 1/3/1997, Entered: 1/3/1997 Minutes-Miscellaneous
COURT PROCEEEDINGS, TEM, USMJ. Sharon Borden, reporter. Counsel present. Matter came on plaintiff's motion in limine. Argument. Court grants motion in limine. Court will issue order. Court adjourned. (clerk)
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Blank -- Filed: 1/3/1997, Entered: 1/3/1997 Motion Hearing
Motion hearing held re: [12-1] motion by John Doe in Limine Regarding Testimony of defendant's expert Dr. Charles Horton, Jr. (clerk)
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Blank 18 Filed: 1/2/1997, Entered: 1/2/1997 Reply to Response to Motion
REPLY by Hugh D. Smith to response to [11-1] motion by Hugh D. Smith for Summary Judgment, received. (clerk)
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Blank 17 Filed: 12/27/1996, Entered: 12/30/1996 Memorandum in Opposition
MEMORANDUM by John Doe in opposition to [11-1] motion by Hugh D. Smith for Summary Judgment, received. (clerk)
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Blank 16 Filed: 12/20/1996, Entered: 12/30/1996 Memorandum in Opposition
MEMORANDUM by Hugh D. Smith in opposition to [12-1] motion by John Doe in Limine Regarding Testimony of defendant's expert Dr. Charles Horton, Jr., received. (clerk)
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Blank 15 Filed: 12/20/1996, Entered: 12/20/1996 OrderCourt Filing
ORDER Extending Time for completion of depositions of both parties' expert witnesses from 12/27/96 to 1/7/97, agreed , entered and filed 12/20/96 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 12/20/96 (clerk)
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Blank 14 Filed: 12/20/1996, Entered: 12/20/1996 OrderCourt Filing
ORDER Extending Time time for plaintiff to take de bene esse deposition of Dr. Mark Schwartz from 12/20/96 to 1/7/97), agreed , entered and filed 12/20/96 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 12/20/96 (clerk)
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Blank 13 Filed: 12/20/1996, Entered: 12/20/1996 OrderCourt Filing
ORDER ON FINAL PRETRIAL CONFERENCE, held in the presence of counsel, de bene esse deposition of Dr. Schwartz may be taken by 1/7/97, entered and filed 12/20/96 (signed by Magistrate Judge Tommy E. Miller) (clerk)
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Blank -- Filed: 12/20/1996, Entered: 12/20/1996 Motion Hearing
Motion hearing re: [12-1] motion by John Doe in Limine Regarding Testimony of defendant's expert Dr. Charles Horton, Jr. set at 12:00 noon 1/3/97 (clerk)
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Blank -- Filed: 12/20/1996, Entered: 12/20/1996 Pretrial Conference - Final
Final Pre-Trial Conference held (clerk)
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Blank 12 Filed: 12/18/1996, Entered: 12/18/1996, Terminated: 1/3/1997 Motion in Limine
MOTION by John Doe in Limine Regarding Testimony of defendant's expert Dr. Charles Horton, Jr. (clerk)
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Blank 11 Filed: 12/18/1996, Entered: 12/18/1996, Terminated: 1/14/1997 Motion for Summary Judgment
MOTION with Memorandum in Support by Hugh D. Smith for Summary Judgment (clerk)
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Blank 10 Filed: 12/9/1996, Entered: 12/9/1996 OrderCourt Filing
ORDER Extending Time for defendant to complete depositions of plaintiff's expert witnesses from 12/12/96 to 12/27/96, agreed , entered and filed 12/9/96 (signed by Judge John A. MacKenzie) Copies Mailed: 12/9/96 (clerk)
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Blank 9 Filed: 12/6/1996, Entered: 12/6/1996 OrderCourt Filing
ORDER granting [8-1] motion by John Doe to Extend Time To Take De Bene Esse Deposition of Dr. Gerald Jordan from 11/29/96 to 12/20/96, agreed, entered and filed 12/6/96 (signed by Judge John A. MacKenzie) Copies Mailed: 12/6/96 (clerk)
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Blank 8 Filed: 11/27/1996, Entered: 11/27/1996, Terminated: 12/6/1996 Motion for Extension
MOTION by John Doe to Extend Time To Take De Bene Esse Deposition of Dr. Gerald Jordan (clerk)
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Blank -- Filed: 9/24/1996, Entered: 9/25/1996 Minutes-Miscellaneous
MINUTE ENTRY: HEARING PROCEEDINGS: JAM, j.; Sue Ash, ct., rptr.; appearances by counsel; matter came on plaintiff's motion to proceed under a pseudonym; argument of counsel heard; court ruled from the bench granting plaintiff's motion; court adjourned. (afor)
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Blank -- Filed: 9/24/1996, Entered: 9/25/1996 Minutes-Miscellaneous
Minute entry: granting [2-1] motion by John Doe To Proceed In This Litigation Under A Pseudonym (afor)
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Blank -- Filed: 9/24/1996, Entered: 9/25/1996 Motion Hearing
Motion hearing held re: [2-1] motion by John Doe To Proceed In This Litigation Under A Pseudonym by John Doe (afor)
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Blank 7 Filed: 9/5/1996, Entered: 9/6/1996 Memorandum in Support
SUPPLEMENTAL MEMORANDUM in support of [2-1] motion by John Doe To Proceed In This Litigation Under A Pseudonym, received. (clerk)
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Blank 6 Filed: 8/28/1996, Entered: 8/29/1996 OrderCourt Filing
Order on Initial Pretrial Conference setting Jury Trial 10:00 a.m. 1/9/97; proposed voir dire and written jury instructions to be received by 1/4/97; Final Pretrial conference set for 9:00 a.m. 12/20/96; all de bene esse depositions to be concluded on or before 11/29/96; Discovery cutoff for defendant 11/15/96; Discovery cutoff for plaintiff 10/15/96; it having been indicated by counsel that the correct style of the case should be "JOHN DOE, an infant who sues by his mother and next friend, Florence Ann Dickherber v. HUGH D. SMITH, M.D." all pleadings are changed to indicate correct style of the case; on plaintiff's pending motion to proceed under a pseudonym, plaintiff's supplemental brief shall be received on or before 9/6/96 and a hearing is set 9/24/96 at 2:00 p.m.; and establishing the deadlines for the disclosure of expert testimony, entered 8/27/96 and filed 8/28/96 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 8/28/96 (clerk)
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Blank -- Filed: 8/28/1996, Entered: 8/29/1996 Motion Hearing
Motion hearing re: [2-1] motion by John Doe To Proceed In This Litigation Under A Pseudonym set at 2:00 p.m. 9/24/96 (clerk)
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Blank -- Filed: 8/27/1996, Entered: 8/29/1996 Pretrial Conference - Initial
Initial pretrial conference held (clerk)
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Blank 5 Filed: 8/19/1996, Entered: 8/19/1996 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Hugh D. Smith 5/28/96. (This is a copy as original is lost). (clerk)
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Blank -- Filed: 8/12/1996, Entered: 8/12/1996 Pretrial Conference - Initial
Initial pretrial conference reset at 2:30 p.m. 8/27/96 (clerk)
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Blank -- Filed: 8/7/1996, Entered: 8/8/1996 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 p.m. 8/20/96 (clerk)
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Blank -- Filed: 8/6/1996, Entered: 8/6/1996 Docket Annotation
Referred for initial pretrial conference. (clerk)
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Blank -- Filed: 7/22/1996, Entered: 8/5/1996 Summons Issued
SUMMONS, with 1 copy, issued for Hugh D. Smith and mailed to counsel. Magistrate notice. (clerk)
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Blank 4 Filed: 7/19/1996, Entered: 8/6/1996 Response in Opposition to Motion
RESPONSE by Hugh D. Smith in opposition to [2-1] motion by John Doe To Proceed In This Litigation Under A Pseudonym (clerk)
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Blank 3 Filed: 7/19/1996, Entered: 8/6/1996 Answer
ANSWER to Complaint by Hugh D. Smith (Attorney Charles Manley Allen Jr., Dante M. Filetti), (clerk)
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Blank 2 Filed: 5/28/1996, Entered: 5/29/1996 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by John Doe To Proceed In This Litigation Under A Pseudonym (clerk)
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Blank 1 Filed: 5/28/1996, Entered: 5/29/1996 Complaint
COMPLAINT Filing Fee $ 120.00 Receipt # 11763; jury demand (clerk)
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Blank 27 Filed: 1/10/1996, Entered: 1/14/1997 Deposition
DEPOSITION of Gerald Jordan, M.D. filed in open court (clerk)
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