U.S. District Court
Southern District of Florida (W.Palm Beach)
CIVIL DOCKET FOR CASE #: 03-CV-81110
Stevens v. United States
Filed: 12/02/03
Assigned to: Judge Daniel T. K. Hurley
Demand: $50,000,000
Nature of Suit: 890
Lead Docket: None
Jurisdiction: US Defendant
Dkt# in other court: None
Cause: 28:2674 Federal Tort Claims Act
| MAUREEN STEVENS, as Persoanl
Representative of the Estate of Robert Stevenns deceased, and on behalf of Maureen Stevens, individually, Nicholas Stevens, Heidi Hogan, and Casey Stevens, survivors plaintiff
|
Richard Donald Schuler
FTS 684-9683 [COR LD NTC] Jason Drew Weisser FTS 684-9683 [COR LD NTC] Schuler & Halverson 1615 Forum Place Suite 4-D West Palm Beach, FL 33401-2317 561-689-8180 Martin Briner Woods
|
| v.
UNITED STATES defendant
|
J. Patrick Glynn
FTS 616-4473 [COR LD NTC] Jason S. Patil FTS 616-4473 202-616-3852 [COR LD NTC] Christina M. Falk FTS 616-4989 202-616-4216 [COR LD NTC]
|
DOCKET PROCEEDINGS
| DATE |
|
|
| 12/2/03 | 1 | COMPLAINT filed; FILING FEE $150.00 RECEIPT #71959; Magistrate Judge James M. Hopkins (pa) [Entry date 12/03/03] |
| 12/2/03 | 2 | SUMMONS(ES) issued for United States by serving Attorney General (pa) [Entry date 12/03/03] |
| 12/4/03 | 3 | SUMMONS(ES) issued for United States (pa) |
| 12/11/03 | 4 | ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE setting Jury trial set for 11/1/04 Calendar call set for 1:30 10/22/04 ( Signed by Judge Daniel T. K. Hurley on 12/9/03) [EOD Date: 12/12/03] CCAP (kw) [Entry date 12/12/03] |
| 12/11/03 | 4 | ORDER referring case to mediation ( Signed by Judge Daniel T. K. Hurley on 12/9/03) [EOD Date: 12/12/03] (kw) [Entry date 12/12/03] |
| 12/11/03 | 4 | ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Hopkins ( Signed by Judge Daniel T. K. Hurley on 12/9/03) CCAP [EOD Date: 12/12/03] (kw) [Entry date 12/12/03] |
| 12/17/03 | 5 | ACKNOWLEDGEMENT OF SERVICE as to United States 12/9/03 Answer due on 2/9/04 for United States (kw) [Entry date 12/18/03] [Edit date 12/18/03] |
| 12/18/03 | 6 | RETURN OF SERVICE executed as to United States By Serving: United States Attorney Office 12/11/03 Answer due on 2/9/04 for United States (kw) [Entry date 12/19/03] |
| 1/21/04 | 7 | MOTION by United States for leave to file memorandum exceeding 20 pages (kw) [Entry date 01/22/04] |
| 1/21/04 | 8 | NOTICE of attorney appearance for United States by J. Patrick Glynn, Christina M. Falk and Jason S. Patil (kw) [Entry date 01/22/04] |
| 1/26/04 | 9 | ORDER granting [7-1] motion for leave to file memorandum exceeding 20 pages ( Signed by Judge Daniel T. K. Hurley on 1/25/04) [EOD Date: 1/27/04] (kw) [Entry date 01/27/04] |
| 1/27/04 | 10 | MOTION by United States to extend time to file answer or other responsive pleading to complaint (kw) [Entry date 01/28/04] |
| 1/27/04 | 11 | MOTION by United States to stay proceedings (kw) [Entry date 01/28/04] |
| 1/27/04 | 12 | MOTION by United States for Hearing on [11-1] motion to stay proceedings (kw) [Entry date 01/28/04] |
| 1/27/04 | 13 | MEMORANDUM by United States in support of [11-1] motion to stay proceedings (kw) [Entry date 01/28/04] |
| 2/3/04 | 14 | ORDER GRANTING GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER granting [10-1] motion to extend time to file answer or other responsive pleading to complaint ( Signed by Judge Daniel T. K. Hurley on 2/2/04) [EOD Date: 2/6/04] (kw) [Entry date 02/06/04] |
| 2/5/04 | 15 | ORDER granting [12-1] motion for Hearing on [11-1] motion to stay proceedings, set for 8:30 3/10/04 for [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 2/4/04) [EOD Date: 2/6/04] (kw) [Entry date 02/06/04] |
| 2/10/04 | 16 | UNOPPOSED MOTION by Maureen Stevens (Attorney Jason Drew Weisser) to extend time to respond to defendant United States of America's motion to stay proceedings (pa) [Entry date 02/11/04] |
| 2/17/04 | 17 | ORDER granting [16-1] motion to extend time to respond to defendant United States of America's motion to stay proceedings Response to motion reset to 2/27/04 for [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 2/11/04) [EOD Date: 2/18/04] (kw) [Entry date 02/18/04] |
| 2/27/04 | 39 | RESPONSE by Maureen Stevens to [11-1] motion to stay proceedings (kw) [Entry date 08/28/04] |
| 2/27/04 | 40 | APPENDIX to: [39-1] motion response by Maureen Stevens (kw) [Entry date 08/28/04] |
| 3/2/04 | 18 | NOTICE of additional attorney appearance of Jeffrey Bucholtz for United States (kw) [Entry date 03/03/04] |
| 3/5/04 | 19 | REPLY by United States to response to [11-1] motion to stay proceedings (kw) |
| 3/15/04 | 20 | NOTICE OF EX PARTE SUBMISSION by United States (kw) |
| 3/23/04 | 21 | Transcript filed re: Oral Argument held 3/10/04 before Judge Daniel T.K. Hurley Volume #: 1 Pages: 1-47 by Maureen Stevens (mr) |
| 4/1/04 | 22 | NOTICE OF FILING SUPPLEMENTAL AUTHORITY by United States (kw) [Entry date 04/02/04] |
| 4/13/04 | 23 | UNOPPOSED NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY AND CERTIFICATE OF COMPLIANCE WITH SD FLA LR 7-1 by United States (at) [Entry date 04/14/04] |
| 4/27/04 | 24 | ORDER granting [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 4/23/04) [EOD Date: 4/28/04] (kw) [Entry date 04/28/04] |
| 4/30/04 | 25 | MOTION by United States to correct the order granting goverment's motion for six month stay (kw) |
| 5/3/04 | 26 | ORDER granting [25-1] motion to correct the order granting goverment's motion for six month stay ( Signed by Judge Daniel T. K. Hurley on 4/30/04) [EOD Date: 5/4/04] (kw) [Entry date 05/04/04] |
| 5/21/04 | 27 | ORDER set Jury trial for 3/7/05 before Judge Daniel T. K. Hurley, and set calendar call for 1:30 2/25/05 before Judge Daniel T. K. Hurley ( Signed by Judge Daniel T. K. Hurley on 5/21/04) [EOD Date: 5/24/04] (kw) [Entry date 05/24/04] |
| 5/21/04 | 28 | ORDER CONSOLIDATING ACTIONS FOR DISCOVERY PURPOSES ONLY; lead case 03-81110 CIV HURLEY/HOPKINS ( Signed by Judge Daniel T. K. Hurley on 5/21/04) [EOD Date: 5/24/04] (kw) [Entry date 05/24/04] [Edit date 08/28/04] |
| 6/29/04 | 29 | ORDER GRANTING MOTION TO INTERVENE AND DENYING REQUEST TO STAY ( Signed by Judge Daniel T. K. Hurley on 6/29/04) [EOD Date: 7/1/04] (kw) [Entry date 07/01/04] |
| 7/8/04 | 30 | MOTION by Maureen Stevens to amend by interlineation to clarify clerical mistake regarding the caption (kw) [Entry date 07/09/04] |
| 7/9/04 | 31 | MOTION by United States for leave to file motion prior to expiration of the stay (kw) [Entry date 07/13/04] |
| 7/14/04 | 32 | ORDER granting [30-1] motion to amend by interlineation to clarify clerical mistake regarding the caption ( Signed by Judge Daniel T. K. Hurley on 7/14/04) [EOD Date: 7/15/04] (kw) [Entry date 07/15/04] |
| 7/22/04 | 33 | MOTION by United States to dismiss complaint (kw) |
| 7/22/04 | 34 | MEMORANDUM by United States in support of [33-1] motion to dismiss complaint (kw) |
| 7/22/04 | 35 | MOTION by United States for Hearing on [33-1] motion to dismiss complaint (kw) |
| 8/23/04 | 36 | RESPONSE by Maureen Stevens to [33-1] motion to dismiss complaint (kw) [Entry date 08/24/04] |
| 8/24/04 | 37 | NOTICE OF FILING AMENDED CERTIFICATE OF SERVICE by Maureen Stevens (kw) [Entry date 08/25/04] |
| 8/24/04 | 38 | NOTICE OF FILING AMENDED CERTIFICATE OF SERVICE by Maureen Stevens (kw) [Entry date 08/25/04] |
| 9/14/04 | 41 | REPLY by United States to response to [33-1] motion to dismiss complaint (kw) |
| 10/5/04 | 42 | ORDER DENYING REQUEST FOR ORAL ARGUMENT ON MOTIONS TO DISMISS ( Signed by Judge Daniel T. K. Hurley on 10/4/04) [EOD Date: 10/8/04] (kw) [Entry date 10/08/04] |
| 10/13/04 | 43 | MOTION by Maureen Stevens, United States to vacate [27-3] order (kw) [Entry date 10/15/04] |
| 10/14/04 | 44 | NOTICE of voluntary dismissal as to Bioport Corporation only by Maureen Stevens (kw) [Entry date 10/19/04] |
| 10/15/04 | 45 | ORDER granting [43-1] motion to vacate [27-3] order vacating [27-3] order ( Signed by Judge Daniel T. K. Hurley on 10/15/04) [EOD Date: 10/19/04] (kw) [Entry date 10/19/04] |
| 3/24/05 | 46 | ORDER dismissing complaint as to dft Bioport only (Signed by Judge Daniel T. K. Hurley on 3/24/05) [EOD Date: 3/25/05] (ck) [Entry date 03/25/05] |
| 4/15/05 | 47 | ORDER DENYING DEFENDANTS' MOTION TO DISMISS & MOTION FOR JUDGMENT ON THE PLEADINGS: ORDER denying [33-1] motion to dismiss complaint (Signed by Judge Daniel T. K. Hurley on 4/15/05) [EOD Date: 4/18/05] (pa) [Entry date 04/18/05] |
| 4/28/05 | 48 | UNOPPOSED MOTION by United States to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 (bb) |
| 5/2/05 | 50 | MOTION by Maureen Stevens to strike [48-1] in opposition motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 (rb) [Entry date 05/04/05] |
| 5/3/05 | 49 | ORDER granting [48-1] motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 ( Signed by Judge Daniel T. K. Hurley on 05/03/05) [EOD Date: 5/3/05] (rb) |
| 5/5/05 | 51 | ORDER denying [50-1] motion to strike as moot & clarifying order granting extension of time [48-1] in opposition motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 ( Signed by Judge Daniel T. K. Hurley on 05/05/05) [EOD Date: 5/6/05] (dj) [Entry date 05/06/05] |
| 6/1/05 | 52 | ANSWER to Complaint by United States (Attorney ) (ct) [Entry date 06/02/05] |
| 6/1/05 | 53 | MOTION by United States for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (tb) [Entry date 06/02/05] |
| 6/7/05 | 54 | Reply to Affirmative Defenses by Maureen Stevens re: [52-1] answer (kw) [Entry date 06/08/05] |
| 6/10/05 | 55 | ORDER RESETTING TRIAL DATE & discovery deadlines, referring CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE: ORDER reset Jury trial for 5/1/06 before Judge Daniel T. K. Hurley, reset calendar call for 2:00 4/21/06 before Judge Daniel T. K. Hurley(See order for other deadlines) ( Signed by Judge Daniel T. K. Hurley on 6/10/05) [EOD Date: 6/13/05] (pa) [Entry date 06/13/05] |
| 6/10/05 | 55 | ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Daniel T. K. Hurley on 6/10/05) [EOD Date: 6/13/05] (pa) [Entry date 06/13/05] |
| 6/10/05 | 55 | ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge James M. Hopkins ( Signed by Judge Daniel T. K. Hurley on 6/10/05) CCAP [EOD Date: 6/13/05] (pa) [Entry date 06/13/05] |
| 6/21/05 | 56 | REPLY by United States to response to [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (hd) |
| 6/21/05 | 57 | REPLY by United States to response to [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (mh) |
| 7/5/05 | 58 | ORDER DENYING GOVERNMENT'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION & GRANTING ALTERNATIVE REQUEST FOR CERTIFICATION OR ORDER DENYING MOTION TO DISMISS FOR INTERLOCUTORY APPEAL denying [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 ( Signed by Judge Daniel T. K. Hurley on 7/2/05) [EOD Date: 7/6/05] (kw) [Entry date 07/06/05] |
| 7/13/05 | 59 | MOTION by United States (Attorney ) for temporary stay of District Court proceedings pending the United States Court of Appeals for the 11th circuit's ruling on the United States's petition for permission to appeal pending (cj) [Entry date 07/29/05] |
| 8/12/05 | 60 | ORDER granting [59-1] motion for temporary stay of District Court proceedings pending the United States Court of Appeals for the 11th circuit's ruling on the United States's petition for permission to appeal pending ( Signed by Judge Daniel T. K. Hurley on 08/11/05) [EOD Date: 8/12/05] (rb) |
| 8/17/05 | 61 | These pleadings DE# 26,29,30,31,32,33 are docketed in the consolidated case # (04-cv-80253). These cases have been consolidated for discovery only. (cj) |
| 8/29/05 | 62 | NOTICE of non-objection to defendant, Battelle Memorial Institute's motion for clarification of order granting certification for interlocutory appeal or, alternatively, for amendment of order by Maureen Stevens (ss) |
| 9/22/05 | 63 | NOTICE OF APPEAL by United States of ; Filing Fee: $ FEE NOT REQUIRED (USA); Copies to USCA and Counsel of Record. (ga) [Entry date 09/26/05] |
| 9/22/05 | 63 | NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 9/22/05as to United States Re: [63-1] appeal by United States USCA NUMBER: 05-15088-G (ga) [Entry date 09/26/05] |
| 9/22/05 | 64 | NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 9/22/05as to Maureen Stevens Re: [64-1] appeal by Maureen Stevens USCA NUMBER: 05-15088-G (ga) [Entry date 09/26/05] |
| 9/22/05 | 64 | NOTICE OF APPEAL by Maureen Stevens of ; Filing Fee: $ FEE NOT PAID; Copies to USCA and Counsel of Record. (ga) [Entry date 09/26/05] |
| 9/23/05 | 65 | USCA appeal fees received as to Maureen Stevens Re: [64-1] appeal Filing Fee $ 255.00 Receipt # 535325 (ga) [Entry date 10/03/05] |
| 9/23/05 | 66 | Transcript Information Form re: as to Maureen Stevens [64-1] appeal by Maureen Stevens . No transcript requested. (ga) [Entry date 10/03/05] |
| 10/5/05 | 67 | ORDER ; observing that the 11 Circuit has since granted Battelle's petition for appeal under 28USC1292(b) the Motion for Clarafication is DENIED as MOOT ( Signed by Judge Daniel T. K. Hurley on 10/04/05) [EOD Date: 10/5/05] (rb) |
| 12/14/05 | 69 | PETITION TO INTERVENE BY ST.PAUL TRAVELERS INSURANCE COMPANY FOR ESTABLISHMENT OF WOKER'S COMPENSATION LIEN by St. Paul Travelers I (rb) [Entry date 12/19/05] |
| 12/14/05 | 70 | MOTION by St. Paul Travelers I (Attorney Sergio R. Casiano Jr.) to intervene by St. Paul Travelers I for establishment of worker's compensation (rb) [Entry date 12/19/05] |
| 12/19/05 | 68 | MOTION by St. Paul Travelers I to intervene for establishment of Worker's compensation lien, by St. Paul Travelers I (pa) |
| 1/18/06 | 71 | ORDER GRANTING ST. PAUL TAVELERS INSURANCE COMPANY'S MOTION TO INTERVENE: ORDER granting [68-1] motion to intervene for establishment of Worker's compensation lien, by St. Paul Travelers I, granting [70-1] motion to intervene by St. Paul Travelers I for establishment of worker's compensation ( Signed by Daniel T. K. Hurley on 1/17/06) [EOD Date: 1/19/06] (pa) [Entry date 01/19/06] |
| 11/14/2006 | 72 | CERTIFICATE of Readiness/RECORD ON APPEAL transmitted to USCA (ATLANTA/Brenda McConnell) consisting of 2 volumes of pleadings and 1 volume of transcripts re 63 Notice of Appeal filed by United States,, 64 Notice of Appeal filed by Maureen Stevens, USCA#05-15088-GG (bg) (Entered: 11/14/2006) |
| 11/27/2006 | 73 | ACKNOWLEDGEMENT OF RECEIPT FROM USCA receipt of: Certificate of Readiness/Record on Appeal date received by USCA 11/17/06; Re: 63; 64 appeal by Maureen Stevens USCA number 05-15088-GG; (bg) (Entered: 12/04/2006) |