Judge 
Party 
Law Firm Lupole v. United States Of America et al
7:17-cv-00355 | Virginia Western District Court
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Division
Roanoke
Judge
Judge Elizabeth K. Dillon
Filed
July 26, 2017
Terminated
June 26, 2020
Case Flags
CLOSED,
CASREF,
and
EXH
Magistrate
Magistrate Judge Robert S. Ballou
Nature of Suit
362 Medical Malpractice
Cause
28:2671 Federal Tort Claims Act
Demand
$2,500,000
Jury Demand
Both
Last Updated: 9 months, 3 weeks ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 1/18/2022 | 150 | MANDATE of USCA as to 142 Notice of Appeal, filed by Patricia Lupole (sln) |
| 1/10/2022 | 149 | ORDER of USCA as to 142 Notice of Appeal, filed by Patricia Lupole; The petition for rehearing en banc was circulated to the full court. No judgerequested a poll under Fed. R. App. P. 35. The court denies the petition forrehearing en banc. (ams) |
| 11/17/2021 | 148 | TEMPORARY STAY OF MANDATE (ams) |
| 8/23/2020 | 147 | Appeal Transcript filed for Motions for dates of 10/25/2018 before Judge Dillon, re 145 USCA Appeal Transcript Order Acknowledgment, 142 Notice of Appeal, Court Reporter/Transcriber: JoRita Meyer, Telephone number 540-857-5100, ext. 5311, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Does this satisfy all appellate orders for this reporter? Yes Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/23/2020. Release of Transcript Restriction set for 11/23/2020. (jm) |
| 8/23/2020 | 146 | Appeal Transcript filed for Motions for dates of 4/30/2018 before Judge Dillon, re 145 USCA Appeal Transcript Order Acknowledgment, 142 Notice of Appeal, Court Reporter/Transcriber: JoRita Meyer, Telephone number 540-857-5100, ext. 5311, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Does this satisfy all appellate orders for this reporter? Yes Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/23/2020. Release of Transcript Restriction set for 11/23/2020. (jm) |
| 8/10/2020 | 145 | USCA Appeal Transcript Order Acknowledgment for 61 Motion Hearing held on 4/30/2018 and 100 Motion Hearing held on 10/25/2018, re 142 Notice of Appeal, Court Reporter: JoRita Meyer. Appeal Transcript due by 8/24/2020. (sad) |
| 7/27/2020 | 144 | NOTICE of Docketing Record on Appeal from USCA re 142 Notice of Appeal, filed by Patricia Lupole. USCA Case Number 20-1811. Case Manager: Emily Borneisen. (aab) |
| 7/27/2020 | 143 | Transmittal of Notice of Appeal to 4CCA re 142 Notice of Appeal, NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (aab) |
| 7/24/2020 | 142 | NOTICE OF APPEAL as to 114 Order on Motion for Reconsideration, 81 Order on Motion for Judgment on the Pleadings,, Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Partial Summary Judgment, by Patricia Lupole. Filing fee $ 505, receipt number 0423-3445798. (Kiely, Thomas) |
| 6/26/2020 | 141 | ORDER APPROVING SETTLEMENT AND DISMISSING CASE WITH PREJUDICE. Signed by Judge Elizabeth K. Dillon on 6/26/2020. (ck) |
| 6/26/2020 | 140 | Minute Entry for proceedings held before Judge Elizabeth K. Dillon: Settlement Conference held on 6/26/2020. (Court Reporter: J. Meyer) (bwd) |
| 6/24/2020 | 139 | Amended RESPONSE in Support re 128 MOTION for Settlement Approval Corrected. filed by Josef Lupole. (Jones, Waverly) |
| 6/24/2020 | 138 | Amended NOTICE of Appearance Corrected by Waverly Winfield Jones, Jr on behalf of Josef Lupole (Jones, Waverly) |
| 6/24/2020 | 137 | Amended RESPONSE in Support re 128 MOTION for Settlement Approval . filed by Patricia Lupole. (Moccia, Jennifer) |
| 6/24/2020 | 136 | Amended NOTICE of Appearance by Jennifer Lynn Moccia on behalf of Patricia Lupole (Moccia, Jennifer) |
| 6/23/2020 | 135 | Oral ORDER granting 134 MOTION to Appear Pro Hac Vice Attorney Jennifer L. Moccia for Patricia Lupole added. Entered by Judge Elizabeth K. Dillon on 06/23/2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(aab) |
| 6/23/2020 | 134 | MOTION for Jennifer L. Moccia to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3419005. by Patricia Lupole. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order)(Kiely, Thomas) |
| 6/21/2020 | 133 | Reply re 128 MOTION for Settlement Approval In Support. filed by Chesley Hines, MD. (Milam, Joseph) |
| 6/19/2020 | 132 | NOTICE of Appearance by Stephen Lee Sulzer on behalf of Josef Lupole (Sulzer, Stephen) |
| 6/19/2020 | 131 | NOTICE of Appearance by Stephen Lee Sulzer on behalf of Patricia Lupole (Sulzer, Stephen) |
| 6/19/2020 | 130 | RESPONSE in Support re 128 MOTION for Settlement Approval . filed by Josef Lupole. (Sulzer, Stephen) |
| 6/19/2020 | 129 | RESPONSE in Support re 128 MOTION for Settlement Approval . filed by Patricia Lupole. (Sulzer, Stephen) |
| 6/19/2020 | 128 | MOTION for Settlement Approval by Patricia Lupole. (Attachments: # 1 Text of Proposed Order Exhibit A, # 2 Affidavit)(Sulzer, Stephen) |
| 6/16/2020 | 127 | Notice of Cancellation of July 8-10, 13-17, and 20-22, 2020 Jury Trial (No Interpreter requested) (Cancel Court Reporter) (mf) |
| 6/15/2020 | 126 | NOTICE of Hearing: (CR) (No Interpreter requested) If this is a video conference click here for guidance re: participation via Zoom Settlement Approval Hearing set for June 26, 2020 at 10:00 AM BY VIDEO CONFERENCE before Judge Elizabeth K. Dillon. (mf) |
| 5/18/2020 | 125 | Notice of Cancellation of Settlement Approval Hearing May 19, 2020 (No Interpreter requested) (Cancel Court Reporter) (The parties will contact chambers within a week to work on rescheduling the hearing.) (mf) |
| 5/11/2020 | 124 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Settlement Conference held on 5/8/2020. (rsb-lc1, ) |
| 5/8/2020 | 123 | NOTICE of Hearing: (CR) (No Interpreter requested) Settlement Approval Hearing set for May 19, 2020 at 10:00 a.m. by video conference before Judge Elizabeth K. Dillon. (The courtroom deputy clerk will contact the parties to coordinate the video conferencing.)(mf) Modified on 5/11/2020 (mf). |
| 4/28/2020 | 122 | Order Setting Settlement Conference Settlement Conference set for 5/8/2020 09:30 AM in Roanoke before Magistrate Judge Robert S. Ballou.. Signed by Magistrate Judge Robert S. Ballou on 04/27/2020. (Attachments: # 1 Attachment A)(aab) |
| 4/27/2020 | 121 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 4/27/2020. (rsb-lc1, ) |
| 12/12/2019 | 120 | AMENDED SCHEDULING ORDER: Jury Trial reset for 7/8/2020 - 7/22/2020 09:30 AM in Roanoke before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Signed by Magistrate Judge Robert S. Ballou on 12/12/2019. (bwd) (Entered: 12/13/2019) |
| 12/11/2019 | 119 | NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for July 8-10, 13-17 and 20-22, 2020 at 9:30 AM in Roanoke before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf) |
| 12/5/2019 | 118 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: In Chambers Conference held on 12/5/2019. (rsb-lc1, ) |
| 10/28/2019 | 117 | NOTICE by Patricia Lupole Plaintiff's Jury Demand (Kiely, Thomas) |
| 10/11/2019 | 116 | DEMAND for Trial by Jury by Chesley Hines, MD (Milam, Joseph) |
| 9/24/2019 | 115 | ORDER denying 90 Motion to Strike Plaintiff's Expert Witness Rebuttal Reports. Signed by Judge Elizabeth K. Dillon on 09/24/2019. (aab) |
| 9/20/2019 | 114 | MEMORANDUM OPINION AND ORDER denying 82 Motion for Reconsideration. Signed by Judge Elizabeth K. Dillon on 9/20/2019. (ck) |
| 1/2/2019 | 113 | ORDER granting 112 Motion to Substitute Attorney. Added attorney Elizabeth Guilbert Perrow,Joshua F.P. Long,Joseph Walton Milam, III for Chesley Hines, MD. Attorney John Thomas Jessee and Sarah Clayton Jessee terminated for Chesley Hines, MD. Signed by Magistrate Judge Robert S. Ballou on 12/28/2018. (ssm) |
| 12/21/2018 | 112 | MOTION to Substitute Attorney by Chesley Hines, MD.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order)(Jessee, John) |
| 11/15/2018 | 111 | ORAL ORDER granting 108 Motion to Suspend Remaining Pretrial Deadlines. All deadlines in the February 16, 2018 order that had not yet expired as of October 25, 2018, are hereby suspended. The suspended deadlines include the deadline for filing dispositive motions and motions to exclude experts, currently set for November 15, 2018, and all subsequent deadlines in the order. Once a new trial date is set, the court will issue an amended scheduling order resetting those deadlines. Entered by District Judge Elizabeth K. Dillon on 11/15/2018. (ekd-lc1) |
| 11/13/2018 | 110 | Brief / Memorandum in Opposition re 90 MOTION to Strike Plaintiff's Expert Witness Rebuttal Reports (Supplemental Memorandum in Opposition. filed by Patricia Lupole. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Supplemental Memorandum in Opposition to Defendant Hines' Motion to Strike)(Sulzer, Stephen) |
| 11/13/2018 | 109 | ORDER granting 97 Motion for Leave to File Supplemental Memorandum in Opposition to Defendant Chesley Hines, M.D.'s Motion to Strike and Objection to Plaintiff's Rebuttal Expert Witness Reports. Signed by Magistrate Judge Robert S. Ballou on 11/13/2018. (rsb-lc1) |
| 11/7/2018 | 108 | MOTION to Amend/Correct 41 Scheduling Order,, Case Referred to Magistrate Judge, by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Sulzer, Stephen) |
| 11/7/2018 | 107 | Notice of Cancellation of December 14, 2018 Motions Hearing (No Interpreter requested) (Cancel Court Reporter) (mf) |
| 11/4/2018 | 106 | Plaintiff's Response to Defendant United States' Post Hearing Submission by Patricia Lupole.(Sulzer, Stephen) Modified on 11/16/2018 to term motion/correct docket text (ck). |
| 11/2/2018 | 105 | STATUS REPORT United States' Post-Hearing Submission by United States Of America (Winn, Sara) |
| 11/2/2018 | 104 | REPORT of Settlement Conference. As a result of the mediation proceedings held on 11/1/2018, the undersigned hereby REPORTS that the parties did not settle this matter at this session. Signed by Magistrate Judge Robert S. Ballou on 11/2/2018.(rsb-lc1) |
| 11/1/2018 | 103 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Settlement Conference held on 11/1/2018. (rsb-lc1) (Entered: 11/02/2018) |
| 10/27/2018 | 102 | Letter for Letter transmitting to Court Plaintiff's Requests to United States for Production and United States Formal Response by Patricia Lupole (Attachments: # 1 Exhibit Attachment 1 to Plaintiff's Email Letter to Court Transmitting RFP Formals, # 2 Exhibit Attachment 2 to Plaintiff's Email Letter to Court Transmitting RFP Formals)(Sulzer, Stephen) |
| 10/25/2018 | 101 | Exhibit List re 100 Motion Hearing (Attachment: # 1 Defendant's Exhibit 1)(bwd) (Entered: 10/26/2018) |
| 10/25/2018 | 100 | Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 10/25/2018 re 82 MOTION for Reconsideration of Memorandum Opinion and Order Dated August 22, 2018 filed by Patricia Lupole. (Court Reporter: J. Meyer) (bwd) (Entered: 10/26/2018) |
| 10/25/2018 | 99 | Notice of Cancellation of January 8, 2019 Pretrial Conference and January 15-19, 2019 Bench Trial (No Interpreter requested) (Cancel Court Reporter) Trial is continued generally until further order of the court. (mf) |
| 10/16/2018 | 98 | NOTICE of Hearing: (N) Settlement Conference set for 11/1/2018 11:00 AM in Roanoke before Magistrate Judge Robert S. Ballou. (kab) |
| 10/12/2018 | 97 | MOTION for Leave to File Supplemental Memorandum in Opposition to Defendant Chesley Hines, M.D.'s Motion to Strike and Objection to Plaintiff's Rebuttal Expert Witness Reports by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit Exh. 1 Part 1 to Plaintiff's Motion for Leave to File Supplemental Memorandum in Opposition to Defendant Hines' Motion to Strike, # 2 Exhibit Exh. 1 Part 2 to Plaintiff's Motion for Leave to File Supplemental Memorandum in Opposition to Defendant Hines' Motion to Strike, # 3 Exhibit Exh. 1 Part 3 to Plaintiff's Motion for Leave to File Supplmental Memorandum in Opposition to Defendant Hines' Motion to Strike)(Sulzer, Stephen) |
| 10/3/2018 | 96 | Notice of Cancellation of 10/5/2018 Settlement Conference (No Interpreter requested) (No Court Reporter Requested) (rsb-lc1) |
| 10/1/2018 | 95 | REPLY to Response to Motion re 90 MOTION to Strike Plaintiff's Expert Witness Rebuttal Reports . filed by Chesley Hines, MD. (Jessee, John) |
| 9/25/2018 | 94 | ORDER finding as moot 89 Motion to Seal, as Defendant Chesley Hines, M.D., has informed chambers that he is withdrawing his Motion to Seal. Signed by Magistrate Judge Robert S. Ballou on 9/25/2018. (rsb-lc1) |
| 9/24/2018 | 93 | Brief / Memorandum in Opposition re 90 MOTION to Strike Plaintiff's Expert Witness Rebuttal Reports . filed by Patricia Lupole. (Attachments: # 1 Exhibit Exh 1 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 2 Exhibit Exh 1 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 3 Exhibit Exh 1 Pt 3 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 4 Exhibit Exh 1 Pt 4 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 5 Exhibit Exh 1 Pt 5 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 6 Exhibit Exh 1 Pt 6 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 7 Exhibit Exh 1 Pt 7 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 8 Exhibit Exh 1 Pt 8 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 9 Exhibit Exh 1 Pt 9 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 10 Exhibit Exh 1 Pt 10 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 11 Exhibit Exh 2 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 12 Exhibit Exh 2 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 13 Exhibit Exh 2 Pt 3 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 14 Exhibit Exh 3 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 15 Exhibit Exh 3 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 16 Exhibit Exh 4 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 17 Exhibit Exh 4 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 18 Exhibit Exh 5 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 19 Exhibit Exh 5 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 20 Exhibit Exh 5 Pt 3 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 21 Exhibit Exh 6 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 22 Exhibit Exh 7 Pt 1 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 23 Exhibit Exh 7 Pt 2 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 24 Exhibit Exh 7 Pt 3 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike, # 25 Exhibit Exh 7 Pt 4 to Pltf's Mem in Oppn to Deft Hines Mtn to Strike)(Sulzer, Stephen) |
| 9/23/2018 | 92 | Brief / Memorandum in Opposition re 90 MOTION to Strike Plaintiff's Expert Witness Rebuttal Reports . filed by Patricia Lupole. (Sulzer, Stephen) |
| 9/23/2018 | 91 | Brief / Memorandum in Opposition re 89 MOTION to Seal Exhibits . filed by Patricia Lupole. (Sulzer, Stephen) |
| 9/13/2018 | 90 | MOTION to Strike Plaintiff's Expert Witness Rebuttal Reports by Chesley Hines, MD. (Attachments: # 1 Exhibit C)(Jessee, John) Modified on 9/24/2019, to remove referral language (bwd). |
| 9/13/2018 | 89 | MOTION to Seal Exhibits by Chesley Hines, MD.Motions referred to Judge Robert S. Ballou. (Jessee, John) |
| 9/10/2018 | 88 | NOTICE of Hearing on Motion 82 MOTION for Reconsideration of Memorandum Opinion and Order Dated August 22, 2018 : (CR) (No Interpreter requested) Motion Hearing set for October 25, 2018 at 10:00 AM in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 9/2/2018 | 87 | REPLY to Response to Motion re 82 MOTION for Reconsideration of Memorandum Opinion and Order Dated August 22, 2018 . filed by Patricia Lupole. (Attachments: # 1 Exhibit Plaintiff's Reply Memorandum Exh. 1, # 2 Exhibit Plaintiff's Reply Memorandum Exh. 2, # 3 Exhibit Plaintiff's Reply Memorandum Exh. 3)(Sulzer, Stephen) |
| 8/30/2018 | 86 | Brief / Memorandum in Opposition re 84 Brief / Memorandum in Support,, of Motion for Reconsideration. filed by United States Of America. (Winn, Sara) |
| 8/28/2018 | 85 | MEMORANDUM OPINION AND ORDER Denying without prejudice the request for a stay of deadlines (Dkt. No. 82 at 2.) filed by Patricia Lupole. Signed by District Judge Elizabeth K. Dillon on 8/28/18. (sas) |
| 8/27/2018 | 84 | Brief / Memorandum in Support re 82 MOTION for Reconsideration of Memorandum Opinion and Order Dated August 22, 2018 . filed by Patricia Lupole. (Attachments: # 1 Exhibit Exh. 1 to Memorandum in Support, # 2 Exhibit Exh. 2 to Memorandum in Support, # 3 Exhibit Exh. 3 Part 1 to Memorandum in Support, # 4 Exhibit Exh. 3 Part 2 to Memorandum in Support, # 5 Exhibit Exh. 4 to Memorandum in Support, # 6 Exhibit Exh. 5 to Memorandum in Support, # 7 Exhibit Exh. 6 to Memorandum in Support, # 8 Exhibit Exh. 7 to Memorandum in Support)(Sulzer, Stephen) |
| 8/24/2018 | 83 | MOTION for Reconsideration Memorandum in Support by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit Exh. 1 to Memorandum in Support, # 2 Exhibit Exh. 2 to Memorandum in Support, # 3 Exhibit Exh. 3 Part 1 to Memorandum in Support, # 4 Exhibit Exh. 3 Part 2 to Memorandum in Support, # 5 Exhibit Exh. 4 to Memorandum in Support, # 6 Exhibit Exh. 5 to Memorandum in Support, # 7 Exhibit Exh. 6 to Memorandum in Support, # 8 Exhibit Exh. 7 to Memorandum in Support)(Sulzer, Stephen) |
| 8/24/2018 | 82 | MOTION for Reconsideration of Memorandum Opinion and Order Dated August 22, 2018 by Patricia Lupole. (Sulzer, Stephen) |
| 8/22/2018 | 81 | MEMORANDUM OPINION AND ORDER granting in part and denying in part as moot 31 Motion for Partial Summary Judgment and 49 Motion for Judgment on the Pleadings; denying as moot 62 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Elizabeth K. Dillon on 8/22/18. (sas) |
| 8/20/2018 | 80 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 8/17/2018. (rsb-lc1) |
| 8/17/2018 | 79 | Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 8/17/2018 re 62 MOTION to Dismiss for Lack of Jurisdiction filed by United States Of America. (Court Reporter: J. Meyer) (bw) |
| 8/6/2018 | 78 | Order Referring Case to Honorable Robert S. Ballou for Mediation. Signed by District Judge Elizabeth K. Dillon on 8/6/2018. (ck) |
| 8/3/2018 | 77 | Order Setting Settlement Conference Settlement Conference set for 10/5/2018 09:00 AM in Roanoke before Magistrate Judge Robert S. Ballou. Signed by Magistrate Judge Robert S. Ballou on 8/3/18. (Attachments: # 1 Exhibit A)(sas) |
| 7/31/2018 | 76 | Brief / Memorandum in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment (Second Supplemental). filed by Patricia Lupole. (Attachments: # 1 Exhibit Attachment 1 - pertinent portion of Patricia Lupole deposition transcript)(Sulzer, Stephen) |
| 7/31/2018 | 75 | ORAL ORDER granting 74 Motion for Leave to File. The parties represented that Plaintiff's motion for leave to file is unopposed; accordingly, Plaintiff is granted leave to file a second supplemental memorandum and exhibit in opposition to Defendant United States Motion to Dismiss Medical Malpractice Claim Against United States, or, in the Alternative, Motion for Partial Summary Judgment. (Docket No. 31). Entered by Magistrate Judge Robert S. Ballou on 7/31/18. (lg) |
| 7/25/2018 | 74 | MOTION for Leave to File Plaintiff's Second Supplemental Memorandum and Exhibit in Opposition to Defendant United States' Motion to Dismiss Medical Malpractice Claim or for Partial Summary Judgment by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Motion for Leave, # 2 Appendix Attachment 1 to Exhibit)(Sulzer, Stephen) |
| 7/17/2018 | 73 | Response re 72 Brief / Memorandum in Opposition, to United States' Motion to Dismiss or for Partial Summary Judgment. filed by United States Of America. (Winn, Sara) |
| 7/3/2018 | 72 | Brief / Memorandum in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment (Supplemental Memorandum). filed by Patricia Lupole. (Attachments: # 1 Exhibit Attachment 1-3, # 2 Exhibit Attachment 4 Part 1, # 3 Exhibit Attachment 4 Part 2, # 4 Exhibit Attachment 4 Part 3, # 5 Exhibit Attachment 4 Part 4, # 6 Exhibit Attachment 5)(Sulzer, Stephen) |
| 7/3/2018 | 71 | ORAL ORDER granting 70 Motion for Leave to File. Plaintiff is DIRECTED to file her supplemental memorandum forthwith. Entered by Magistrate Judge Robert S. Ballou on 7/3/2018. (rsb-lc1) |
| 6/29/2018 | 70 | MOTION for Leave to File Supplemental Memorandum and Exhibits by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Supplement Exh. 1 Supplemental Memorandum, # 2 Supplement Exh. 1 Attachments 1-3, # 3 Supplement Exh. 1 Attachment 4 Part 1, # 4 Supplement Exh. 1 Attachment 4 Part 2, # 5 Supplement Exh. 1 Attachment 4 Part 3, # 6 Supplement Exh. 1 Attachment 4 Part 4, # 7 Supplement Exh. 1 Attachment 5)(Sulzer, Stephen) |
| 5/30/2018 | 69 | Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 5/29/2018. (rsb-lc1) |
| 5/21/2018 | 68 | ORDER granting 65 Motion for Extension of Time for Defendants to Make Expert Disclosures. Defendants shall disclose their expert reports by 8/1/2018. Signed by Magistrate Judge Robert S. Ballou on 5/21/2018. (rsb-lc1) |
| 5/17/2018 | 67 | NOTICE of Hearing on Motion 62 MOTION to Dismiss for Lack of Jurisdiction : (CR) (No Interpreter requested) Motion Hearing set for August 17, 2018 at 10:00 AM in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 5/16/2018 | 66 | REPLY to Response to Motion re 62 MOTION to Dismiss for Lack of Jurisdiction . filed by United States Of America. (Winn, Sara) |
| 5/15/2018 | 65 | Joint MOTION for Extension of Time to File Expert Disclosures by United States Of America.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order)(Winn, Sara) |
| 5/10/2018 | 64 | Brief / Memorandum in Opposition re 62 MOTION to Dismiss for Lack of Jurisdiction . filed by Patricia Lupole. (Attachments: # 1 Exhibit Basis of Claim Statement, # 2 Exhibit LaPuz 9/13/12 Letter)(Sulzer, Stephen) |
| 5/2/2018 | 63 | Brief / Memorandum in Support re 62 MOTION to Dismiss for Lack of Jurisdiction . filed by United States Of America. (Winn, Sara) |
| 5/2/2018 | 62 | MOTION to Dismiss for Lack of Jurisdiction by United States Of America. (Winn, Sara) |
| 4/30/2018 | 61 | Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 4/30/2018 re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment filed by United States Of America, 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim filed by United States Of America. (Court Reporter J. Meyer.) (bw) (Entered: 05/01/2018) |
| 4/26/2018 | 60 | NOTICE of Appearance by Sarah Clayton Jessee on behalf of Chesley Hines, MD (Jessee, Sarah) |
| 4/24/2018 | 59 | RESPONSE in Opposition re 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim (Sur-Reply). filed by Patricia Lupole. (Sulzer, Stephen) |
| 4/24/2018 | 58 | ORDER granting 57 Motion for Leave to File Sur-Reply Memorandum. Plaintiff is DIRECTED to file her sur-reply memorandum forthwith. Signed by Magistrate Judge Robert S. Ballou on 4/24/2018. (rsb-lc1) |
| 4/23/2018 | 57 | MOTION for Leave to File Sur-Reply Memorandum by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit Sur-reply Memorandum)(Sulzer, Stephen) |
| 4/10/2018 | 56 | REPLY to Response to Motion re 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim . filed by United States Of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Winn, Sara) |
| 4/3/2018 | 55 | Brief / Memorandum in Opposition re 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim . filed by Patricia Lupole. (Kiely, Thomas) |
| 3/28/2018 | 54 | RESPONSE in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment (Plaintiff's Sur-Reply). filed by Patricia Lupole. (Kiely, Thomas) |
| 3/28/2018 | 53 | ORDER granting 51 Motion for Leave to File. Plaintiff shall file their sur-reply to Defendant United States' motion to dismiss within seven (7) days of the entry of this order. Signed by Magistrate Judge Robert S. Ballou on 3-28-18. (rsb-lc1) |
| 3/26/2018 | 52 | NOTICE of Hearing on Motion 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim : (CR) (No Interpreter requested) Motion Hearing set for April 30, 2018 at 2:00 PM in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 3/22/2018 | 51 | First MOTION for Leave to File Sur-Reply Memorandum by Patricia Lupole.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Appendix Exhibit 1 - Sur-Reply Memo)(Kiely, Thomas) |
| 3/20/2018 | 50 | Brief / Memorandum in Support re 49 First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim . filed by United States Of America. (Winn, Sara) |
| 3/20/2018 | 49 | First MOTION for Judgment on the Pleadings as to Plaintiff's Wrongful Death Claim by United States Of America. (Winn, Sara) |
| 3/19/2018 | 48 | Amended ANSWER to Complaint 1 by United States Of America.(Winn, Sara) |
| 3/19/2018 | 47 | ORDER granting 46 Motion for Leave to File. The United States may file an amended answer within ten (10) days of the entry of this order. Signed by Magistrate Judge Robert S. Ballou on 03/19/2018. (rsb-lc1) |
| 3/8/2018 | 46 | MOTION for Leave to File Amended Answer by United States Of America.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit Proposed Amended Answer)(Winn, Sara) |
| 2/28/2018 | 45 | REPLY to Response to Motion re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment . filed by United States Of America. (Winn, Sara) |
| 2/21/2018 | 44 | AFFIDAVIT in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment . filed by Patricia Lupole. (Attachments: # 1 Exhibit Curriculum Vitae, # 2 Exhibit Medical Records, # 3 Exhibit Medical Records, # 4 Exhibit Medical Records, # 5 Exhibit Medical Records, # 6 Exhibit Medical Records, # 7 Exhibit Medical Records, # 8 Exhibit Medical Records, # 9 Exhibit Medical Records, # 10 Exhibit Medical Records, # 11 Exhibit Medical Records, # 12 Exhibit Journal Article Abstract, # 13 Exhibit Medical Journal Article)(Sulzer, Stephen) |
| 2/21/2018 | 43 | AFFIDAVIT in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment . filed by Patricia Lupole. (Sulzer, Stephen) |
| 2/21/2018 | 42 | Brief / Memorandum in Opposition re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment . filed by Patricia Lupole. (Sulzer, Stephen) |
| 2/16/2018 | 41 | SCHEDULING ORDER: Bench Trial set for 1/15-1/17/2019 09:30 AM in Roanoke before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. All pretrial nondispositive motions REFERRED to Magistrate Judge Robert S. Ballou. Signed by District Judge Elizabeth K. Dillon on 2/16/2018. (ck) |
| 2/14/2018 | 40 | NOTICE of Hearing: (CR) (No Interpreter requested) Court Hearing set for December 14, 2018 at 10:00 AM for any motions for summary judgment filed in this case in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 2/9/2018 | 39 | REPORT of Rule 26(f) Planning Meeting (Winn, Sara) |
| 2/1/2018 | 38 | NOTICE of Hearing: (CR) (No Interpreter requested) Pretrial Conference set for January 8, 2019 at 2:00 PM in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 2/1/2018 | 37 | NOTICE of Hearing: (CR) (No Interpreter requested) Bench Trial set for January 15-17, 2019 at 9:30 AM in Roanoke before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf) |
| 2/1/2018 | 36 | NOTICE of Hearing on Motion 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment : (CR) (No Interpreter requested) Motion Hearing set for April 30, 2018 at 2:00 PM in Roanoke before District Judge Elizabeth K. Dillon. (mf) |
| 2/1/2018 | 35 | ORDER granting 34 Motion for Extension of Time to File Response (Response due by 2/21/2018). Signed by District Judge Elizabeth K. Dillon on 2/1/18. (sas) |
| 1/31/2018 | 34 | First MOTION for Extension of Time to File Response/Reply as to 32 Brief / Memorandum in Support, by Patricia Lupole. (Attachments: # 1 Text of Proposed Order)(Kiely, Thomas) |
| 1/24/2018 | 33 | ANSWER to Complaint 1 by United States Of America.(Winn, Sara) |
| 1/24/2018 | 32 | Brief / Memorandum in Support re 31 MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative MOTION for Partial Summary Judgment . filed by United States Of America. (Attachments: # 1 Exhibit 1)(Winn, Sara) |
| 1/24/2018 | 31 | MOTION to Dismiss Medical Malpractice Claim Against United States or in the Alternative, MOTION for Partial Summary Judgment by United States Of America. (Winn, Sara) |
| 1/23/2018 | 30 | ORAL ORDER finding as moot 29 Motion to Stay. Entered by District Judge Elizabeth K. Dillon on January 23, 2018. (mf) |
| 1/22/2018 | 29 | MOTION to Stay Deadline to Respond to Compliant by United States Of America. (Attachments: # 1 Text of Proposed Order)(Winn, Sara) |
| 1/11/2018 | 28 | In Chambers Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 1/11/2018. (bw) |
| 1/3/2018 | 27 | NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for January 11, 2018 at 1:00 PM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf) |
| 12/27/2017 | 26 | Magistrate Consent Notice to Parties. (sas) |
| 12/27/2017 | 25 | Scheduling Letter (med) |
| 9/22/2017 | 24 | ORDER STAYING CASE for 90 days pending settlement negotiations. Signed by District Judge Elizabeth K. Dillon on 9/22/17. (sas) |
| 9/21/2017 | 23 | Proposed Order re: 22 Motion by Patricia Lupole. (Kiely, Thomas) Modified on 9/22/2017 to reflect proposed order and not a motion (sas). |
| 9/21/2017 | 22 | First MOTION for Extension of Time to File Response/Reply by Patricia Lupole. (Kiely, Thomas) |
| 9/20/2017 | 21 | ORDER granting 20 Motion for Extension of Time to Answer re 1 Complaint. United States Of America answer due 10/26/2017. Signed by District Judge Elizabeth K. Dillon on 9/20/17. (sas) |
| 9/20/2017 | 20 | MOTION for Extension of Time to File Answer by United States Of America. (Attachments: # 1 Text of Proposed Order)(Winn, Sara) |
| 9/18/2017 | 19 | Negative Corporate Disclosure Statement by Chesley Hines, MD (Jessee, John) |
| 9/15/2017 | 18 | ORAL ORDER granting 16 Motion to Withdraw as Attorney. Attorney Ashlee Ayers Webster terminated as counsel for Chesley Hines, M.D. Entered by District Judge Elizabeth K. Dillon on September 15, 2017. (mf) |
| 9/15/2017 | 17 | Brief / Memorandum in Support re 16 MOTION to Withdraw as Attorney . filed by Chesley Hines, MD. (Attachments: # 1 Text of Proposed Order)(Webster, Ashlee) |
| 9/15/2017 | 16 | MOTION to Withdraw as Attorney by Chesley Hines, MD. (Webster, Ashlee) |
| 9/8/2017 | 15 | ORDER granting in part and withdrawing in part 5 Motion to Dismiss. Signed by District Judge Elizabeth K. Dillon on 9/8/2017. (bw) |
| 9/7/2017 | 14 | ANSWER to 1 Complaint, by Chesley Hines, MD.(Webster, Ashlee) |
| 9/7/2017 | 13 | NOTICE by Chesley Hines, MD re 9 Brief / Memorandum in Opposition, of Withdrawal of Remaining Motion to Dismiss (Webster, Ashlee) |
| 9/5/2017 | 12 | ORDER granting 7 MOTION for Stephen Lee Sulzer to Appear Pro Hac Vice. Attorney Stephen Lee Sulzer for Patricia Lupole added. Signed by District Judge Elizabeth K. Dillon on 9/5/17. (sas) |
| 9/1/2017 | 11 | AFFIDAVIT of Service for Summons and Complaint served on Chesley Hines, M.D., via Sarah Hines on 07/31/2017, filed by Patricia Lupole.(Kiely, Thomas) |
| 9/1/2017 | 10 | CERTIFICATE OF SERVICE by Patricia Lupole on the United States (Kiely, Thomas) |
| 8/31/2017 | 9 | Brief / Memorandum in Opposition re 8 Brief / Memorandum in Opposition Exhibits 1 and 2. filed by Patricia Lupole. (Attachments: # 1 Exhibit 1 to the Memo in Opposition to Motion to Dismiss, # 2 Exhibit 2 to the Memo in Opposition to the Motion to Dismiss)(Kiely, Thomas) |
| 8/31/2017 | 8 | Brief / Memorandum in Opposition re 5 MOTION to Dismiss . filed by Patricia Lupole. (Kiely, Thomas) |
| 8/31/2017 | 7 | First MOTION for Stephen L. Sulzer to Appear Pro Hac Vice. by Patricia Lupole. (Attachments: # 1 Proposed Order Granting Pro Has Vice)(Kiely, Thomas) |
| 8/16/2017 | 6 | Brief / Memorandum in Support re 5 MOTION to Dismiss . filed by Chesley Hines, MD. (Webster, Ashlee) |
| 8/16/2017 | 5 | MOTION to Dismiss by Chesley Hines, MD. (Webster, Ashlee) |
| 8/16/2017 | 4 | NOTICE of Appearance by Ashlee Ayers Webster on behalf of Chesley Hines, MD (Webster, Ashlee) |
| 8/16/2017 | 3 | NOTICE of Appearance by John Thomas Jessee on behalf of Chesley Hines, MD (Jessee, John) |
| 7/26/2017 | 2 | Summons Issued as to Chesley Hines, MD, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 summons - U.S. Attorney, # 2 summons - Chesley Hines, M.D.)(sas) |
| 7/26/2017 | 1 | COMPLAINT against Chesley Hines, MD, United States Of America (Filing & Administrative fee $ 400., receipt #7-53663), filed by Patricia Lupole. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet)(sas) |
