U.S. District Court
Southern District of Florida (W.Palm Beach)
CIVIL DOCKET FOR CASE #: 04-CV-80253
Stevens v. Battelle Memorial, et al
Filed: 03/17/04
Assigned to: Judge Daniel T. K. Hurley
Demand: $0,000
Nature of Suit: 360
Lead Docket: None
Jurisdiction: Diversity
Dkt# in other court: None
Cause: 28:1332 Diversity-Personal Injury
| MAUREEN STEVENS, as personal
representative of the Estate of Robert Stevens, deceased plaintiff
|
Richard Donald Schuler
FTS 684-9683 [COR LD NTC] Schuler & Halverson 1615 Forum Place Suite 4-D West Palm Beach, FL 33401-2317 |
| v.
BATTELLE MEMORIAL INSTITUTE, a
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Martin Briner Woods FTS 462-9567 [COR LD NTC] Stearns Weaver Miller Weissler Alhadeff & Sitterson 200 E Broward Boulevard Suite 1900 Fort Lauderdale, FL 33301-1949 Tami Lyn Azorsky
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ABC CORPORATION defendant XYZ CORPORTION
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DOCKET PROCEEDINGS
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| 02/20/2009 | 48 | STIPULATION of Dismissal by Maureen Stevens, Battelle Memorial Institute. (Woods, Martin) (Entered: 02/20/2009) |
| 3/17/04 | 1 | NOTICE OF REMOVAL of complaint, Case No. 50-2003 CA10344XX0CAB, no answer filed, from: 15th Judicial Circuit FILING FEE $150.00 RECEIPT # 530647 ; Magistrate Judge James M. Hopkins (br) [Entry date 03/18/04] |
| 3/19/04 | 2 | NOTICE of filing summons, order on motion for extension of time and showing of good cause and original affidavit of William T. O'Brien by Bioport Corp., Battelle Memorial (kw) [Entry date 03/22/04] |
| 3/22/04 | 3 | MOTION by Bioport Corp., Battelle Memorial to extend time to respond to complaint (kw) [Entry date 03/23/04] |
| 3/25/04 | 4 | ORDER granting [3-1] motion to extend time to respond to complaint ( Signed by Judge Daniel T. K. Hurley on 3/23/04) [EOD Date: 3/26/04] (kw) [Entry date 03/26/04] |
| 4/23/04 | 5 | MOTION by Battelle Memorial, Bioport Corp. to extend time to answer complaint (kw) |
| 4/23/04 | 6 | NOTICE of consent to the United States' motion to intervene and stay proceedings by Battelle Memorial, Bioport Corp. (kw) |
| 4/23/04 | 7 | MOTION TO INTERVENE AND STAY PROCEEDINGS AND CERTIFICATE OF COMPLIANCE by United States (Attorney Christina M. Falk) to intervene (kw) |
| 4/23/04 | 8 | MOTION by United States for Hearing on [7-1] motion to intervene (kw) |
| 4/23/04 | 9 | MEMORANDUM by United States in support of [7-1] motion to intervene (kw) |
| 4/29/04 | 10 | ORDER TO SHOW CAUSE why this action should not be consolidated for all purposes with previously filed action 03-81110 CIV HURLEY. Response to Order to Show Cause due 5/7/04 ( Signed by Judge Daniel T. K. Hurley on 4/27/04) [EOD Date: 5/3/04] (kw) [Entry date 05/03/04] |
| 4/30/04 | 11 | ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE setting Jury trial set for 3/7/05 Calendar call set for 1:30 2/25/05 ( Signed by Judge Daniel T. K. Hurley on 4/29/04) [EOD Date: 5/4/04] CCAP (kw) [Entry date 05/04/04] |
| 4/30/04 | 11 | ORDER referring case to mediation ( Signed by Judge Daniel T. K. Hurley on 4/29/04) [EOD Date: 5/4/04] (kw) [Entry date 05/04/04] |
| 4/30/04 | 11 | ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Hopkins ( Signed by Judge Daniel T. K. Hurley on 4/29/04) CCAP [EOD Date: 5/4/04] (kw) [Entry date 05/04/04] |
| 5/3/04 | 12 | NOTICE of filing affidavits of William T. O'Brien and Tami Lyn Azorsky by Battelle Memorial (kw) [Entry date 05/04/04] [Edit date 05/04/04] |
| 5/3/04 | 13 | AFFIDAVIT of William T. O'Brien (kw) [Entry date 05/04/04] |
| 5/3/04 | 14 | AFFIDAVIT of Tami Lyn Azorsky (kw) [Entry date 05/04/04] |
| 5/6/04 | 15 | ORDER granting [5-1] motion to extend time to answer complaint ( Signed by Judge Daniel T. K. Hurley on 5/5/04) [EOD Date: 5/7/04] (kw) [Entry date 05/07/04] |
| 5/7/04 | 16 | MOTION by Battelle Memorial for Tami Lyn Azorsky to appear pro hac vice (kw) [Entry date 05/10/04] |
| 5/7/04 | -- | Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 720449 (kw) [Entry date 05/10/04] |
| 5/7/04 | 17 | MOTION by Battelle Memorial for William T. O'Brien to appear pro hac vice (kw) [Entry date 05/10/04] |
| 5/7/04 | -- | Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 720450 (kw) [Entry date 05/10/04] |
| 5/11/04 | 18 | RESPONSE to [10-1] Order to Show Cause by Battelle Memorial, Bioport Corp., ABC Corporation, XYZ Corportion (kw) |
| 5/12/04 | 19 | Statement of of position on consolidation by United States (kw) [Entry date 05/13/04] |
| 5/21/04 | 20 | 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 | 21 | ORDER CONSOLIDATING ACTIONS FOR DISCOVERY PURPOSES ONLY consolidating cases 03-81110 CIV HURLEY/HOPKINS and 04-80253 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] |
| 6/18/04 | 22 | ORDER granting [17-1] motion for William T. O'Brien to appear pro hac vice, granting [16-1] motion for Tami Lyn Azorsky to appear pro hac vice ( Signed by Judge Daniel T. K. Hurley on 6/18/04) [EOD Date: 6/21/04] (kw) [Entry date 06/21/04] |
| 6/29/04 | 23 | ORDER GRANTING UNITED STATES OF AMERICA'S MOTION TO INTERVENE granting [7-1] motion to intervene ( Signed by Judge Daniel T. K. Hurley on 6/29/04) [EOD Date: 7/1/04] (kw) [Entry date 07/01/04] |
| 7/19/04 | 24 | ANSWER to Complaint by Bioport Corp. (kw) |
| 7/19/04 | 25 | ANSWER to Complaint by Battelle Memorial (cj) [Entry date 07/20/04] |
| 7/19/04 | 26 | ORDER granting motion for leave to file dispositive motion ( Signed by Judge Daniel T. K. Hurley on 7/16/04) [EOD Date: 7/20/04] (kw) [Entry date 07/20/04] |
| 7/21/04 | 27 | Reply to Affirmative Defenses by Maureen Stevens re: [25-1] answer (kw) [Entry date 07/23/04] |
| 7/21/04 | 28 | Reply to Affirmative Defenses by Maureen Stevens re: [24-1] answer (kw) [Entry date 07/23/04] |
| 8/5/04 | 29 | MOTION by Battelle Memorial for judgment on the pleadings (kw) |
| 8/5/04 | 30 | MOTION by Battelle Memorial for Hearing on [29-1] motion for judgment on the pleadings (kw) |
| 8/5/04 | 31 | MEMORANDUM by Battelle Memorial in support of [29-1] motion for judgment on the pleadings (kw) [Entry date 08/06/04] |
| 8/23/04 | 32 | RESPONSE by Maureen Stevens to [29-1] motion for judgment
on the pleadings (kw)
[Entry date 08/24/04] |
| 9/7/04 | 33 | REPLY by Battelle Memorial to response to [29-1] motion for judgment
on the pleadings (kw)
[Entry date 09/08/04] |
| 10/5/04 | 34 | ORDER denying [8-1] motion for Hearing on [7-1] motion to intervene ( Signed by Judge Daniel T. K. Hurley on 10/4/04) [EOD Date: 10/8/04] (kw) [Entry date 10/08/04] |
| 10/19/04 | 35 | AGREED JOINT MOTION by Battelle Memorial, Maureen Stevens to vacate [11-1] Scheduling order (pa) |
| 11/4/04 | 36 | ORDER GRANTING AGREED JOINT MOTION TO VACATE THE SCHEDULING ORDER AND TRIAL DATE PENDING RESOLUTION OF MOTION FOR JUDGEMNT ON THE LEADINGS (De#35)ORDER granting [35-1] joint motion to vacate [11-1] Scheduling order ( Signed by Judge Daniel T. K. Hurley on 11/3/04) [EOD Date: 11/9/04] (pa) [Entry date 11/09/04] |
| 3/24/05 | 37 | ORDER dismissing complaint as to dft Bioport Corporation 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 | 38 | ORDER DENYING DEFENDANTS' MOTION TO DISMISS & MOTION FOR JUDGMENT ON THE PLEADINGS: ORDER denying [29-1] motion for judgment on the pleadings (Signed by Judge Daniel T. K. Hurley on 4/15/05) [EOD Date: 4/18/05] (pa) [Entry date 04/18/05] |
| 5/5/05 | 39 | ORDER denying plaintiff's motion to strike as moot & clarifying order granting extension of time ( Signed by Judge Daniel T. K. Hurley on 05/05/05) [EOD Date: 5/6/05] (dj) [Entry date 05/06/05] |
| 6/10/05 | 40 | 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 | 40 | 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] |
| 6/13/05 | 40 | 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) |
| 7/5/05 | 41 | ORDER DENYING GOVERNMENT'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION & GRANTING ALTERNATIVE REQUEST FOR CERTIFICATION OF ORDER DENYING MOTION TO DISMISS FOR INTERLOCUTORY APPEAL ( Signed by Judge Daniel T. K. Hurley on 7/2/05) [EOD Date: 8/5/05] (kw) [Entry date 08/05/05] |
| 8/8/05 | 42 | MOTION by Battelle Memorial for clarification of [41-1] order (rb) [Entry date 08/09/05] |
| 8/17/05 | 43 | These pleadings from DE# 30-34,37-38,41,48,49,50,52,53,54,55,56,57,58 were docketed in the lead case of (03-cv-81110) had not been docketed in this case. This case is consolidated for Discovery purpose only (cj) |
| 9/28/05 | 44 | AGREED MOTION by Battelle Memorial (Attorney Marissa D. Kelley) to stay of District Court Proceedings (rb) |
| 9/28/05 | 45 | NOTICE of Change of Address of attorney by Battelle Memorial (dj) [Entry date 09/29/05] |
| 10/5/05 | 46 | ORDER denying [42-1] motion for clarification of [41-1] order;observing that the 11 Circuit has since granted Battelle's petition for permission to 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) |
| 10/5/05 | 47 | ORDER granting [44-1] motion to stay of District Court Proceedings ( Signed by Judge Daniel T. K. Hurley on 10/04/05) [EOD Date: 10/5/05] (rb) |
| 10/5/05 | -- | **Set Stayed Flag (rb) |