N.D. Ga., Emory, 1999

U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:99-cv-02864-JEC
Murtagh v. Emory University, et al

Date Filed: Nov. 03, 1999
Nature of suit: 330 Federal Employer’s Liability
Demand: $0
Assigned to: Judge Julie E. Carnes
Case in other court: SP CT DEKALB CNTY, 99-09971-4
GG USCA – 11th Cir., :01–13481
Cause: 28:2679(b)-(e) Federal Drivers Act
Date terminated: May 31, 2001
Jurisdiction: U.S. Government Defendant
Jury demand: Plaintiff

Plaintiff
M.D. James J. Murtagh, Jr.

Edward D. Buckley
Buckley & Klein, LLP
1230 Peachtree Street, NE
Atlanta, GA 30309
(404) 781-1100
Fax: (404) 781-1101
edbuckley@buckleyklein.com

Patrick W. McKee
McKee & Mitchell, LLC
19 Spring Street
Newnan, GA 30263
(770) 683-8900
pwmckee@mckeelaw.com

Defendant
Emory University

Burton F. Dodd
Fisher & Phillips, LLP-ATL
Suite 3500
1075 Peachtree Street, NE
Atlanta, GA 30309
(404) 231-1400
Fax: (404) 240-4249
bdodd@laborlawyers.com

Howard B. Jackson
Wimberly Lawson Wright Daves & Jones, PLLC
550 Main Ave.
Suite 900
Knoxville, TN 37902
(865) 546-1000
hjackson@wimberlylawson.com

Defendant
M.D. Manuel Martinez-Maldonado
TERMINATED: 01/05/2000

Lori M. Beranek
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
(404) 581-6350
lori.beranek@usdoj.gov
Northern District of Georgia

Filed # Docket Text
Nov. 03, 1999 1 NOTICE OF REMOVAL with COMPLAINT; jury demand (Pretrial instructions attached to service copies and returned to attorney for service.) (aar) (Entered: 11/05/1999)
Nov. 03, 1999 1 AMENDED COMPLAINT by plaintiff adding Samuel M. Aguayo (aar) (Entered: 11/05/1999)
Nov. 03, 1999 1 ANSWER by defendant Emory University, defendant Juha P. Kokko, defendant Gerald W. Staton Jr. to complaint [1-1] Discovery ends 4/1/00 (aar) (Entered: 11/05/1999)
Nov. 03, 1999 1 MOTION by defendant Emory University, defendant Juha P. Kokko, defendant Gerald W. Staton Jr. to dismiss with brief in support. (aar) (Entered: 11/05/1999)
Nov. 04, 1999 2 MOTION by defendant Manuel Martinez-Maldonado, defendant United States to extend time Respond to Complaint [1-1] removal complaint with brief in support. (aar) (Entered: 11/05/1999)
Nov. 22, 1999 SUBMITTED to Judge Julie E. Carnes on [1-1] motion to dismiss, [2-1] motion to extend time Respond to Complaint [1-1] removal complaint (tcc) (Entered: 11/22/1999)
Nov. 24, 1999 3 Response by plaintiff in Opposition to [1-1] motion to dismiss (tcc) (Entered: 11/29/1999)
Dec. 06, 1999 4 ORDER by Judge Julie E. Carnes, defts shall file an answer or responsive pleading w/in 10 days of the date of this Order, Answer due 12/20/99 for Samuel M. Aguayo, for Gerald W. Staton Jr., for Juha P. Kokko, for United States, for Manuel Martinez-Maldonado, Emory University (cc by CRD) (tcc) (Entered: 12/07/1999)
Dec. 06, 1999 Terminated submissions. (tcc) (Entered: 12/07/1999)
Dec. 13, 1999 5 Response by United States, Manuel Martinez-Maldonado to [4-1] order. (web) Modified on 12/14/1999 (Entered: 12/14/1999)
Dec. 14, 1999 6 Reply memorandum by Emory University, Juha P. Kokko, Gerald W. Staton Jr. in support of [1-1] motion to dismiss (web) (Entered: 12/15/1999)
Dec. 15, 1999 7 MOTION by Juha P. Kokko to extend time thru 12/23/99 for dft Kokko to respond to pla’s interrogatories and document request. A proposed order is attached. (web) (Entered: 12/16/1999)
Dec. 16, 1999 SUBMITTED to Judge Julie E. Carnes on [7-1] motion to extend time thru 12/23/99 for dft Kokko to respond to pla’s interrogatories and document request. (web) (Entered: 12/16/1999)
Dec. 21, 1999 SUBMITTED to Judge Julie E. Carnes on [4-1] order. Answer due 12/20/99 for Samuel M. Aguayo, Gerald W. Staton Jr., Juha P. Kokko, United States, and Manuel Martinez-Maldonado, Emory University. FILE IN CHAMBERS. (web) (Entered: 12/21/1999)
Dec. 27, 1999 8 MOTION by dfts Emory University, Juha P. Kokko, Gerald W. Staton Jr. for leave to file responsive pleadings and incorporated notice of filing, with brief in support. (pdw) (Entered: 12/30/1999)
Jan. 05, 2000 9 MOTION by plaintiff to remand with brief in support. (web) (Entered: 01/05/2000)
Jan. 05, 2000 10 Notice VOLUNTARY DISMISSAL by plaintiff James J. Murtagh Jr. to dfts Manuel Martinez-Maldonado, M.D. and USA. (To JEC for approval) (web) (Entered: 01/06/2000)
Jan. 06, 2000 11 MOTION by United States to dismiss on behalf of Federal defendant with brief in support. (web) (Entered: 01/07/2000)
Jan. 13, 2000 SUBMITTED to Judge Julie E. Carnes on [8-1] motion for leave to file responsive pleadings. FILE IN CHAMBERS. (web) (Entered: 01/13/2000)
Jan. 24, 2000 SUBMITTED to Judge Julie E. Carnes on [9-1] motion to remand, [11-1] motion to dismiss on behalf of Federal defendant. FILE IN CHAMBERS. (web) (Entered: 01/24/2000)
Jan. 24, 2000 12 Response by defendants in opposition to pla’s [9-1] motion to remand (web) (Entered: 01/25/2000)
Jan. 24, 2000 13 Response by plaintiff to [11-1] motion to dismiss on behalf of Federal defendant (web) (Entered: 01/25/2000)
Feb. 07, 2000 Summons issued for Samuel M. Aguayo (web) (Entered: 02/08/2000)
Feb. 07, 2000 14 REPLY by plaintiff to dfts’ response to pla’s [9-1] motion to remand (web) (Entered: 02/08/2000)
Feb. 28, 2000 15 MOTION by United States, Samuel M. Aguayo to extend time thru 04/10/00 for them to respond to [1-1] amend/amended complaint with brief in support. (web) (Entered: 02/29/2000)
Mar. 16, 2000 SUBMITTED to Judge Julie E. Carnes on [15-1] motion to extend time thru 04/10/00 for them to respond to [1-1] amend/amended complaint. FILE IN CHAMBERS. (web) (Entered: 03/16/2000)
Apr. 03, 2000 16 Notice to take depositions of Jesse Roman, M.D., David M. Guidot, M.D., David J. Bower, M.D., Roland H. Ingram, Jr., M.D., Eric G. Honig, M.D., Gerald W. Staton, Jr., M.D., Juha P. Kokko, M.D., PH.D., Samuel M. Aguayo, M.D. by plaintiff (web) (Entered: 04/05/2000)
Apr. 09, 2000 18 Notice by CRD, the Court has scheduled a tele-conference for 2:00 on 4/10/00 (Copies faxed by CRD) (web) (Entered: 04/11/2000)
Apr. 10, 2000 17 MOTION by United States, Samuel M. Aguayo to dismiss with brief in support. (web) (Entered: 04/10/2000)
Apr. 10, 2000 19 TELE-CONFERENCE HELD before Judge Julie E. Carnes. The pla indicated that his [9-1] motion to remand is inappropriate at this time, but would seek to renew at a later date. Pla, dft want to extend discovery for an additional 90 days from 4/27/00. The Court will allow. (web) (Entered: 04/11/2000)
Apr. 11, 2000 20 ORDER by Judge Julie E. Carnes GRANTING [15-1] motion to extend time thru 04/10/00 for USA, Samuel Agayo to respond to [1-1] amended complaint, DENYING w/out prejudice [9-1] motion to remand by James J. Murtagh Jr., and the pla is directed to respond to [17-1] motion to dismiss by 04/27/00. Discovery ends 7/27/00 , [17-1] motion to dismiss to be submitted on 4/28/00 (cc) (web) (Entered: 04/12/2000)
Apr. 11, 2000 21 MOTION by defendant United States to stay discovery as to Federal dfts with brief in support. (crc) (Entered: 04/12/2000)
Apr. 24, 2000 22 Consent MOTION by plaintiff to extend time until 5/11/00 to respond to [17-1] motion to dismiss (to JEC) (bsm) (Entered: 04/25/2000)
Apr. 25, 2000 23 ORDER by Judge Julie E. Carnes GRANTING [22-1] motion to extend time until 5/11/00 to respond to [17-1] motion to dismiss, [17-1] motion to dismiss to be submitted on 5/12/00 (cc) (fmm) (Entered: 04/26/2000)
Apr. 28, 2000 SUBMITTED to Judge Julie E. Carnes on [21-1] motion to stay discovery as to Federal dfts. FILE IN CHAMBERS. (web) (Entered: 04/28/2000)
Apr. 28, 2000 ENDORSED ORDER on motion by Judge Julie E. Carnes GRANTING [22-1] motion to extend time until 5/11/00 to respond to [17-1] motion to dismiss, [17-1] motion to dismiss to be submitted on 5/12/00 (cc) (bsm) (Entered: 05/01/2000)
May 11, 2000 24 Stipulation of dismissal of claim against dft Samuel M. Aguayo, M.D. & the US as potential substitute . (Approved by all parties) (To JEC ford approval) (web) (Entered: 05/12/2000)
May 12, 2000 SUBMITTED to Judge Julie E. Carnes on [17-1] motion to dismiss. FILE IN CHAMBERS. (web) (Entered: 05/12/2000)
May 16, 2000 ENDORSED ORDER by Judge Julie E. Carnes APPROVING [24-1] stipulation of dismissal of claim against dft Samuel M. Aguayo, M.D. & the US as potential substitute, with prejudice, pursuant to Fed.R.Civ.P. 41(a)(1) (cc) (ck) (Entered: 05/17/2000)
May 17, 2000 25 ORDER by Judge Julie E. Carnes DENYING AS MOOT [2-1] mtn to extend time Respond to Complaint [1-1], DENYING AS MOOT [7-1] motion to extend time thru 12/23/99 for dft Kokko to respond, DENYING AS MOOT [11-1] motion to dismiss on behalf of Federal dft by United States, DENYING AS MOOT [17-1] motion to dismiss by Samuel M. Aguayo, United States, DENYING AS MOOT [21-1] motion to stay discovery as to Federal dfts by U.S. (cc) (ck) (Entered: 05/18/2000)
May 19, 2000 Terminated submissions. (ck) (Entered: 05/19/2000)
May 31, 2000 26 Suggestion by defendant Emory University, defendant Juha P. Kokko, defendant Gerald W. Staton Jr. of subsequently decided controlling authority with respect to [17-1] motion to dismiss (crc) (Entered: 06/01/2000)
June 08, 2000 27 ORDER by Judge Julie E. Carnes GRANTING [8-1] motion for leave to file responsive pleadings, GRANTING IN PART AND DENYING IN PART [1-1] motion to dismiss by Gerald W. Staton Jr., Juha P. Kokko and Emory University, GRANTED as to claim of intentional infliction of emotional distress and DENIED as to claims of breach of contract and promissory estoppel (cc) (bsm) (Entered: 06/09/2000)
June 28, 2000 28 Joint MOTION by pla, James J. Murtagh Jr., & dft, Emory University to extend time thru 08/31/00 for discovery. (To JEC for approval) (web) (Entered: 06/29/2000)
July 10, 2000 ENDORSED ORDER by Judge Julie E. Carnes APPROVING [28-1] joint motion to extend time thru 08/31/00 for discovery. Discovery ends 8/31/00 (cc) (web) (Entered: 07/11/2000)
Aug. 30, 2000 29 Joint MOTION by pla, James J. Murtagh Jr., dft, Emory University to extend time thru 09/30/00 for the discovery period. A proposed order is attached. (To JEC for approval) (web) (Entered: 08/31/2000)
Aug. 31, 2000 30 MOTION by plaintiff to compel discovery , or for sanctions with brief & certificate of cnsl in support. (web) (Entered: 09/01/2000)
Sept. 07, 2000 31 ORDER by Judge Julie E. Carnes APPROVING [29-1] joint motion to extend time thru 09/30/00 for the discovery period. Discovery ends 9/30/00 (cc) (web) (Entered: 09/08/2000)
Sept. 08, 2000 32 Supplemental memorandum & amendment by plaintiff in support of [30-1] motion to compel discovery (web) (Entered: 09/08/2000)
Sept. 18, 2000 33 Joint MOTION by Emory University, James J. Murtagh Jr. to extend time thru 09/25/00 for dft to respond to pla’s [30-1] motion to compel discovery . A proposed order is attached. (To JEC for approval) (web) (Entered: 09/21/2000)
Sept. 20, 2000 SUBMITTED to Judge Julie E. Carnes on [30-1] motion to compel discovery, [30-2] motion for sanctions (web) (Entered: 09/20/2000)
Sept. 25, 2000 34 Notice by CRD, document [33-1] joint motion to extend time thru 09/25/00 for dft to respond to pla’s [30-1] motion to compel discovery violates the Court’s local rule re: font. (Copies served by CRD) (web) (Entered: 09/27/2000)
Sept. 26, 2000 35 Joint MOTION by pla James J. Murtagh Jr., dft Emory University to extend time thru 09/29/00 to respond to pla’s [30-1] motion to compel discovery . A proposed order is attached. (To JEC for approval) (web) (Entered: 09/27/2000)
Sept. 27, 2000 36 ORDER by Judge Julie E. Carnes APPROVING [33-1] joint motion to extend time thru 09/25/00 for dft to respond to pla’s [30-1] motion to compel discovery by James J. Murtagh Jr., Emory University, [30-1] motion to compel discovery to be submitted on 9/26/00 (cc) (web) (Entered: 09/27/2000)
Sept. 27, 2000 SUBMITTED to Judge Julie E. Carnes on [30-1] motion to compel discovery, [30-2] motion for sanctions. FILE IN CHAMBERS. (web) (Entered: 09/27/2000)
Sept. 28, 2000 37 ORDER by Judge Julie E. Carnes GRANTING [35-1] joint motion to extend time thru 09/29/00 to respond to pla’s [30-1] motion to compel discovery, [30-1] motion to compel discovery to be submitted on 10/2/00 (cc) (web) (Entered: 09/28/2000)
Oct. 02, 2000 SUBMITTED to Judge Julie E. Carnes on [30-1] motion to compel discovery, [30-2] motion for sanctions. FILE IN CHAMBERS. (web) (Entered: 10/02/2000)
Oct. 02, 2000 38 Response by Emory University to pla’s [30-1] motion to compel discovery (web) (Entered: 10/03/2000)
Oct. 17, 2000 39 REPLY by plaintiff to Emory University’s response to pla’s [30-1] motion to compel discovery (web) (Entered: 10/18/2000)
Oct. 18, 2000 40 ORDER by Judge Julie E. Carnes. The action is before the Court on [30-1] motion to compel discovery, [30-2] motion for sanctions. Pla shall file a memorandum w/in 10 days listing what items pla seeks to discover. [30-1] motion to compel discovery and [30-2] motion for sanctions to be submitted on 10/31/00 (copies served by CRD) (web) (Entered: 10/19/2000)
Oct. 20, 2000 41 ORDER by Judge Julie E. Carnes, vacating [40-1] order and will rule on pla’s motion to compel discovery, or for sanctions by seperate order (cc) (as) (Entered: 10/23/2000)
Oct. 20, 2000 Terminated submissions. (as) (Entered: 10/23/2000)
Oct. 20, 2000 42 MOTION by defendant Emory University for summary judgment with brief in support, statement of material facts and exhibits. (Notice sent to counsel.) (crc) (Entered: 10/24/2000)
Oct. 23, 2000 43 MOTION by plaintiff to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel (crc) (Entered: 10/24/2000)
Oct. 30, 2000 44 Supplemental REPLY by plaintiff to Emory University’s response to pla’s [30-1] motion to compel discovery (web) (Entered: 10/30/2000)
Oct. 31, 2000 SUBMITTED to Judge Julie E. Carnes on [30-1] motion to compel discovery, [30-2] motion for sanctions (web) (Entered: 10/31/2000)
Nov. 06, 2000 45 Notice by CRD, pleadings 34,39,43,44 violate the Court’s local rules re: font. The parties are reminded of local rule re: font. (Copies served by CRD) (web) (Entered: 11/07/2000)
Nov. 08, 2000 46 Consent MOTION by James J. Murtagh Jr., Emory University to extend time thru 11/20/00 for pla to respond to dfts’ [42-1] motion for summary judgment . A proposed order is attached. (To JEC for approval) (web) (Entered: 11/09/2000)
Nov. 08, 2000 47 Response by Emory University in opposition to pla’s [43-1] motion to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel (web) (Entered: 11/13/2000)
Nov. 09, 2000 SUBMITTED to Judge Julie E. Carnes on [43-1] motion to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel. FILE IN CHAMBERS. (web) (Entered: 11/09/2000)
Nov. 13, 2000 SUBMITTED to Judge Julie E. Carnes on [42-1] motion for summary judgment. FILE IN CHAMBERS. (web) (Entered: 11/13/2000)
Nov. 20, 2000 48 Brief by pla, James J. Murtagh Jr. in response to [42-1] motion for summary judgment & stmt of material facts. Also included is Dr. Murtagh’s stmt of material facts. (web) (Entered: 11/21/2000)
Nov. 22, 2000 49 REPLY by plaintiff to Emory Univ. response in opposition to pla’s [43-1] motion to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel (web) (Entered: 11/28/2000)
Dec. 08, 2000 50 Reply brief to [42-1] motion for summary judgment by defendant Emory University . (jph) (Entered: 12/11/2000)
Feb. 13, 2001 51 ORDER by Judge Julie E. Carnes, directing pla to respond to the matters outlined in order as to the pending motion to compel w/in 20 days. Dft may reply to pla’s response w/in 10 days thereafter. [43-1] motion, [42-1] motion, [30-1] motion, [30-2] motion to be submitted on 3/15/01 (cc by CRD) (fmm) (Entered: 02/15/2001)
Feb. 13, 2001 Terminated submissions. (fmm) (Entered: 02/15/2001)
Mar. 05, 2001 52 Response by plaintiff to [51-1] order requesting addition information. (jph) (Entered: 03/06/2001)
Mar. 05, 2001 53 Attorney appearance for plaintiff by Edward D. Buckley III (jph) (Entered: 03/06/2001)
Mar. 15, 2001 SUBMITTED to Judge Julie E. Carnes on [43-1] motion to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel, [42-1] motion for summary judgment, [30-1] motion to compel discovery, [30-2] motion for sanctions (jph) (Entered: 03/15/2001)
Mar. 19, 2001 54 REPLY by defendant Emory University in response to pla’s response to court’s 2/13/01 order. (jph) (Entered: 03/20/2001)
May 31, 2001 55 ORDER by Judge Julie E. Carnes GRANTING [46-1] joint motion to extend time thru 11/20/00 for pla to respond to dfts’ [42-1] motion for summary judgment, GRANTING [43-1] motion to extend time to file a motion for sum jgm for 20 days following the production of the remaining docs in issue or until 20 days after this Court’s ruling on pla’s motion to compel, GRANTING [42-1] motion for summary judgment, DENYING [30-1] motion to compel discovery by James J. Murtagh Jr., DENYING [30-2] motion for sanctions by James J. Murtagh Jr. (cc) (jph) (Entered: 06/01/2001)
May 31, 2001 56 JUDGMENT ENTERED for defendant Emory University against plaintiff (jph) (Entered: 06/01/2001)
May 31, 2001 Case terminated. (jph) (Entered: 06/01/2001)
June 15, 2001 57 NOTICE OF APPEAL by plaintiff from [56-1] judgment, [55-1] order FILING FEE $ 105.00 RECEIPT # 472826 Appeal information sheet due 6/29/01 (kac) (Entered: 06/22/2001)
June 22, 2001 Notice of appeal, judgment, order and certified copy of docket to USCA RE: [57-1] appeal (kac) (Entered: 06/22/2001)
June 28, 2001 58 Bill of costs of defendants Emory University, Juha P. Kokko and Gerald W. Staton Jr. (adg) (Entered: 06/29/2001)
June 29, 2001 COSTS TAXED in the amount of $ 1,602.88 for defendants Emory University, Juha P. Kokko and Gerald W. Staton Jr. (cc) (adg) (Entered: 06/29/2001)
July 02, 2001 59 Acknowledgment by USCA RE: [57-1] appeal USCA dkt no. 01-13481-GG (kac) (Entered: 07/03/2001)
Aug. 09, 2001 CERTIFICATE OF READINESS of appeal record with certified copy of docket mailed to USCA RE: [57-1] appeal USCA # 01-13481-GG (3 Vols. pldgs) (kac) (Entered: 08/09/2001)
Aug. 13, 2001 60 SATISFACTION OF BILL OF COSTS. (jph) Modified on 08/24/2001 (Entered: 08/14/2001)
Aug. 15, 2001 USCA acknowledgment of COR RE: [57-1] appeal USCA # 01-13481-GG (kac) (Entered: 08/15/2001)
Aug. 15, 2001 61 Certified copy of ORDER of USCA DISMISSING [57-1] appeal USCA dkt no. 01-13481-GG (jph) (Entered: 08/16/2001)