N.D. Ga., Fulton-DeKalb, 1999

U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:99-cv-03157-BBM
Murtagh v. Fulton-Dekalb Hosp, et al

Date Filed: Dec. 07, 1999
Nature of suit: 470 Racketeer/Corrupt Organization
Demand: $0
Assigned to: Judge Beverly B. Martin
Case in other court: B USCA 11th Circuit, :00–14273
Cause: 18:1964 Racketeering (RICO) Act
Date terminated: Aug. 15, 2001
Jurisdiction: Federal Question
Jury demand: Both

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

John D. Wales
DeVille Milhollin & Wales
600 Village Trace
Building 23-Suite 200
Marietta, GA 30067
(770) 612-1266
JohnDWales@aol.com
Paper Mill Village

Stewart Alan Anshell
Office of Stewart A. Anshell
401 S.E. 3rd Street
Suite 303
Dania Beach, FL 33004-4058
(954) 921-5338

Defendant
Fulton-Dekalb Hospital Authority

Holly B. Stevens
U.S. Department of Justice-Antitrust Division
75 Spring Street, S.W.
1176 Richard B. Russell Building
Atlanta, GA 30303
(404) 331-7100
Fax: (404) 331-7110
holly.stevens@usdoj.gov

Michael P. Kenny
Alston & Bird
1201 West Peachtree Street
One Atlantic Center
Atlanta, GA 30309-3424
(404) 881-7000
mike.kenny@alston.com

William Roy Mitchelson , Jr.
Alston & Bird
1201 West Peachtree Street
One Atlantic Center
Atlanta, GA 30309-3424
(404) 881-7000
mmitchelson@alston.com

Defendant
Emory University

Charles M. Shaffer , Jr.
King & Spalding
191 Peachtree Street, N.E.
Atlanta, GA 30303-1763
(404) 572-4600

Defendant
M.D. William J. Casarella

Robert Francis Schroeder
Law Office of Robert F. Schroeder, P.C.
One Securities Centre, Suite 1050
3490 Piedmont Road, NE
Atlanta, GA 30305
(404) 842-0131
rschroeder@rfslaw.com

Movant
M.D. Michael C. Hilton

Henry D. Green , Jr.
Green & Sapp, LLP
1827 Powers Ferry Road
Atlanta, GA 30339
(770) 690-8001
hgreen@greensapp.com

Filed # Docket Text
Dec. 07, 1999 1 COMPLAINT filed and summons(es) issued for dfts except William J. Casarella. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 447966 (als) (Entered: 12/15/1999)
Dec. 15, 1999 2 ANSWERS TO MANDATORY DISCLOSURES by plaintiff (als) (Entered: 12/15/1999)
Jan. 03, 2000 3 MOTION by defendant Fulton-Dekalb Hosp to dismiss with brief in support. (aar) (Entered: 01/06/2000)
Jan. 03, 2000 4 MOTION by defendants Emory University, David Guidot, & Gerald Staton to dismiss with brief in support and proposed order and final judgment. (aar) (Entered: 01/06/2000)
Jan. 21, 2000 5 AMENDED COMPLAINT by plaintiff; jury demand (aar) (Entered: 01/24/2000)
Jan. 21, 2000 6 Memorandum by plaintiff in opposition to [4-1] motion to dismiss, [3-1] motion to dismiss (aar) (Entered: 01/24/2000)
Jan. 24, 2000   SUBMITTED to Judge J. O. Forrester on [4-1] motion to dismiss, [3-1] motion to dismiss (aar) (Entered: 01/24/2000)
Feb. 07, 2000 7 ANSWER to count 1 of the amended complaint [5-1] by Emory University (aar) Modified on 02/10/2000 (Entered: 02/10/2000)
Feb. 07, 2000 8 MOTION by defendant’s David Guidot, Gerald Staton to dismiss count 1 of plaintiff’s amended complaint with brief in support. (aar) (Entered: 02/10/2000)
Feb. 07, 2000 9 MOTION by defendant’s Emory University, David Guidot, Gerald Staton to dismiss count 2 of plaintiff’s amended complaint with brief in support. (aar) (Entered: 02/10/2000)
Feb. 08, 2000 10 MOTION by defendant Fulton-Dekalb Hosp for leave to file motion to dismiss plaintiff’s amended complaint out of time (aar) (Entered: 02/10/2000)
Feb. 08, 2000 11 MOTION by defendant Fulton-Dekalb Hosp to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6) with brief in support. (aar) (Entered: 02/10/2000)
Feb. 10, 2000 12 Revised Case Instructions. (cc) (aar) (Entered: 02/14/2000)
Feb. 22, 2000 13 ANSWERS TO MANDATORY DISCLOSURES by defendant Emory University (aar) (Entered: 02/24/2000)
Feb. 22, 2000 14 Certificate of interested persons filed by defendants’ only (to judge) (aar) (Entered: 02/24/2000)
Feb. 25, 2000 15 Memorandum of law by plaintiff in opposition to [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6) (aar) (Entered: 02/29/2000)
Feb. 29, 2000   SUBMITTED to Judge J. O. Forrester on [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6), [10-1] motion for leave to file motion to dismiss plaintiff’s amended complaint out of time, [9-1] motion to dismiss count 2 of plaintiff’s amended complaint, [8-1] motion to dismiss count 1 of plaintiff’s amended complaint (file in chambers) (aar) (Entered: 02/29/2000)
Mar. 10, 2000 16 Preliminary Statement and Scheduling Order. (to judge) (fmm) (Entered: 03/13/2000)
Mar. 13, 2000 17 Reply brief to [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6) by defendant Fulton-Dekalb Hosp . (aar) (Entered: 03/14/2000)
Mar. 13, 2000 18 Reply brief to [9-1] motion to dismiss count 2 of plaintiff’s amended complaint, [8-1] motion to dismiss count 1 of plaintiff’s amended complaint by Emory University, David Guidot, Gerald Staton . (aar) (Entered: 03/14/2000)
Mar. 31, 2000 19 Notice to take depositions of Burton Dodd, David Guidot, Wayne Alexander & Lorraine Spencer by plaintiff James J. Murtach Jr. (aar) (Entered: 04/03/2000)
Apr. 06, 2000 20 Notice to take deposition of Fulton/Dekalb Hospital Authority by plaintiff (aar) (Entered: 04/10/2000)
Apr. 06, 2000 21 Notice to take deposition of Emory University by plaintiff (aar) (Entered: 04/10/2000)
Apr. 07, 2000 22 MOTION by defendant William J. Casarella for leave to file a brief in excess of 25 pages , and to dismiss plaintiff’s amended complaint (aar) (Entered: 04/10/2000)
Apr. 11, 2000 23 MOTION by defendant Emory University and attorney Burton F. Dodd to quash subpeona , and for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd with brief in support. (aar) (Entered: 04/12/2000)
Apr. 13, 2000 24 MOTION by defendant Emory University to seal motion (aar) (Entered: 04/14/2000)
Apr. 13, 2000 25 MOTION by defendant Emory University to seal pla’s deposition and exhibits (***FILED UNDER SEAL***) **UNSEALED PER [237-1] ORDER OF 4/18/01** (aar) (Entered: 04/14/2000)
Apr. 14, 2000   SUBMITTED to Judge J. O. Forrester on [25-1] motion to seal pla’s deposition and exhibits, (***FILED UNDER SEAL***) [24-1] motion to seal motion (File in chambers) (aar) (Entered: 04/14/2000)
Apr. 17, 2000 26 CONSENT ORDER by Judge J. O. Forrester GRANTING [25-1] motion to seal pla’s deposition and exhibits, GRANTING [24-1] motion to seal motion (cc) (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aar) (Entered: 04/18/2000)
Apr. 17, 2000   Terminated submissions. (aar) (Entered: 04/18/2000)
Apr. 19, 2000 27 MOTION by defendant Emory University to seal motion (aar) (Entered: 04/20/2000)
Apr. 19, 2000 28 MOTION by plaintiff James J. Murtach Jr., defendant Emory University to stay discovery with brief in support. (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aar) Modified on 08/07/2000 (Entered: 04/20/2000)
Apr. 20, 2000   SUBMITTED to Judge J. O. Forrester on [28-1] motion to stay discovery, [27-1] motion to seal motion (file in chambers) (aar) (Entered: 04/20/2000)
Apr. 21, 2000 29 Notice to take depositions of Fulton/Dekalb Hospital Authority, Timothy Jefferson and William Casarella by plaintiff (aar) (Entered: 04/24/2000)
Apr. 25, 2000 30 Brief by defendant Fulton-Dekalb Hosp in opposition to [28-1] motion to stay discovery (aar) (Entered: 04/26/2000)
Apr. 26, 2000 31 Response by plaintiff in opposition to [22-2] motion to dismiss plaintiff’s amended complaint (aar) (Entered: 04/27/2000)
Apr. 27, 2000   SUBMITTED to Judge J. O. Forrester on [22-1] motion for leave to file a brief in excess of 25 pages, [22-2] motion to dismiss plaintiff’s amended complaint (file in chambers) (aar) (Entered: 04/27/2000)
Apr. 27, 2000 32 Reply brief to [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6) by defendant Fulton-Dekalb Hospital. (aar) (Entered: 04/28/2000)
Apr. 28, 2000 33 Memorandum by plaintiff in opposition to [23-1] motion to quash subpeona (ck) (Entered: 05/02/2000)
May 01, 2000 34 Response by defendant William J. Casarella to [28-1] motion to stay discovery (ck) (Entered: 05/02/2000)
May 02, 2000   SUBMITTED to Judge J. O. Forrester on [23-1] motion to quash subpeona (File in chambers) (ck) (Entered: 05/02/2000)
May 04, 2000 35 Brief of supplemental authority to [9-1] motion to dismiss count 2 of plaintiff’s amended complaint by Emory University, David Guidot, Gerald Staton. (aar) (Entered: 05/08/2000)
May 04, 2000 36 MOTION by defendant William J. Casarella to seal motion quash subpoena or, in the alternative, motion for protective order (aar) (Entered: 05/08/2000)
May 04, 2000 37 MOTION by defendant William J. Casarella to quash subpoena , or, in the alternative for protective order with brief in support. (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aar) Modified on 04/19/2001 (Entered: 05/08/2000)
May 05, 2000 38 Response by plaintiff [35-1] reply brief (supplemental authority) (aar) (Entered: 05/08/2000)
May 05, 2000 39 TELE-CONFERENCE HELD before Judge J. O. Forrester [37-1] motion to quash subpoena, [37-2] motion for protective order (aar) (Entered: 05/15/2000)
May 05, 2000   VERBAL ORDER by Judge J. O. Forrester GRANTING [37-1] motion to quash subpoena, GRANTING [37-2] motion for protective order. Dr. Casaralla’s may not be had within the next two weeks from today. Plaintiff’s counsel to make copies of tapes/transcripts and send them to defendant’s counsel Robert Schroeder with the bill (aar) (Entered: 05/15/2000)
May 09, 2000   SUBMITTED to Judge J. O. Forrester on [23-2] motion for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd (file in chambers) (aar) (Entered: 05/09/2000)
May 12, 2000 40 ORDER by Judge J. O. Forrester, In this District, Judge Thrash has been assigned the related “Qui Tam complaint” {United States of America, ex rel. Diane F. Owen and James J. Murtagh, M.D. v. Emory University, Civil Action number 1:99-cv-2909-TWT} therefore it is ORDERED that the Clerk of this Court reassign the above case to Judge Thrash reassigning case to Judge Thomas W. Thrash (cc) (aar) (Entered: 05/15/2000)
May 12, 2000   Terminated submissions. (aar) (Entered: 05/15/2000)
May 12, 2000 41 REPLY by defendant William J. Casarella to response to [22-2] motion to dismiss plaintiff’s amended complaint (crc) (Entered: 05/15/2000)
May 12, 2000 42 Memo by d efendant Emory University in support of [28-1] motion to stay discovery. (*******FILED UNDER SEAL**********) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (crc) (Entered: 05/15/2000)
May 12, 2000 43 MOTION by defendant Emory University to seal reply memo in support of dft Emory and Pla Murtaugh’s joint motion to stay discovery (crc) (Entered: 05/15/2000)
May 15, 2000   SUBMITTED to Judge Thomas W. Thrash on [36-1] motion to seal motion quash subpoena or, in the alternative, motion for protective order, [28-1] motion to stay discovery, [27-1] motion to seal motion, [23-1] motion to quash subpeona, [23-2] motion for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd, [22-1] motion for leave to file a brief in excess of 25 pages, [22-2] motion to dismiss plaintiff’s amended complaint, [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6), [10-1] motion for leave to file motion to dismiss plaintiff’s amended complaint out of time, [9-1] motion to dismiss count 2 of plaintiff’s amended complaint, [8-1] motion to dismiss count 1 of plaintiff’s amended complaint, [4-1] motion to dismiss, [3-1] motion to dismiss (aar) (Entered: 05/15/2000)
May 17, 2000 44 REPLY by defendant Emory University, defendant David Guidot, and defendant Gerald Staton in support of [23-1] motion to quash subpeona, and [23-2] motion for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd (crc) (Entered: 05/18/2000)
May 19, 2000 45 Notice by CRD, motion hearing set for [22-1] motion, [23-1] motion, [23-2] motion, [27-1] motion, [28-1] motion set for 5/25/00 at 2:00 pm (cc by CRD) (fmm) (Entered: 05/23/2000)
May 19, 2000 46 STIPULATED CONFIDENTIALITY ORDER ENTERED. (fmm) (Entered: 05/24/2000)
May 22, 2000   Steno notes of proceedings held 05/05/00 before Judge J. O. Forrester , by Court Reporter Lois Maczko. (crc) (Entered: 05/22/2000)
May 23, 2000 47 CONSENT ORDER by Judge Thomas W. Thrash prohibiting certain extra-judicial statements (***FILED UNDER SEAL***) (cc) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (fmm) Modified on 04/19/2001 (Entered: 05/24/2000)
May 25, 2000 48 Motion HEARING held before Judge Thomas W. Thrash [22-1] motion for leave to file a brief in excess of 25 pages – granted, [27-1] motion to seal motion – granted, [36-1] motion to seal – granted, [10-1] motion for leave to file motion to dismiss plaintiff’s amended complaint out of time – granted, [23-1] motion to quash subpeona – granted, [23-2] motion for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd – granted. Counsel for Emory to prepare order. Court will suspend the time limits for filing motion for reconsideration as to this ruling. (fmm) (Entered: 05/26/2000)
June 01, 2000 49 Notice to take deposition of Kate Hanson, David Guidot, Gerald Staton and Eric Honig by plaintiff (crc) (Entered: 06/02/2000)
June 05, 2000   SUBMITTED to Judge Thomas W. Thrash on [43-1] motion to seal reply memo in support of dft Emory and Pla Murtaugh’s joint motion to stay discovery. (File in chambers.) (crc) (Entered: 06/05/2000)
June 12, 2000   Steno notes of proceedings held 05/25/00 before Judge Thomas W. Thrash , by Court Reporter Linda Baggett. (crc) (Entered: 06/12/2000)
June 12, 2000 50 ORDER by Judge Thomas W. Thrash GRANTING [43-1] motion to seal reply memo in support of dft Emory and Pla Murtaugh’s joint motion to stay discovery (cc) (crc) (Entered: 06/14/2000)
June 12, 2000   Terminated submissions. (crc) (Entered: 06/14/2000)
June 16, 2000 51 MOTION by plaintiff for clarification of order with brief in support. (aar) (Entered: 06/20/2000)
June 19, 2000 52 MOTION by defendant Fulton-Dekalb Hosp to dismiss plaintiff’s federal false claims act and federal rico claims pursuant to rule 12 (B)(1) with brief in support. (aar) (Entered: 06/20/2000)
June 19, 2000 53 ORDER by Judge Thomas W. Thrash GRANTING [23-1] motion to quash subpeona, GRANTING [23-2] motion for protective order to prevent the deposition of Emory University’s outside counsel Burton F. Dodd (cc) (fmm) (Entered: 06/20/2000)
June 19, 2000 54 CONSENT ORDER by Judge Thomas W. Thrash, extending time for discovery thru 9/8/00 , Discovery ends 9/8/00 (cc) (fmm) (Entered: 06/20/2000)
June 19, 2000 55 Pre-trial order filed by Judge Thomas W. Thrash (fmm) (Entered: 06/20/2000)
June 23, 2000 56 MOTION by movant to quash deposition of Michael Hilton, M.D. with brief in support. (crc) (Entered: 06/26/2000)
June 29, 2000 57 MOTION by dfts Emory University, David Guidot, Gerald Staton to seal their response to pla’s motion for clarification of order and its exhibits (****FILED UNDER SEAL*****) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (crc) Modified on 07/03/2000 (Entered: 06/30/2000)
June 29, 2000 57 Response by defendant Emory University, defendant David Guidot, defendant Gerald Staton to [51-1] motion for clarification of order (contained w/in motion at docu #57) (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (fmm) Modified on 04/19/2001 (Entered: 07/03/2000)
July 06, 2000 58 EMERGENCY MOTION by plaintiff for temporary restraining order , and to preserve pla’s psychiatric-patient privilege and confidentiality agreement with brief in support. (crc) (Entered: 07/07/2000)
July 06, 2000 59 Brief by plaintiff in opposition to [52-1] motion to dismiss (crc) (Entered: 07/07/2000)
July 07, 2000 60 Response by defendant Fulton-Dekalb Hosp in opposition to [58-1] motion for temporary restraining order (crc) (Entered: 07/10/2000)
July 07, 2000 61 HEARING HELD on [58-1] motion for temporary restraining order, [58-2] motion to preserve pla’s psychiatric-patient privilege and confidentiality agreement before Judge Thomas W. Thrash. Court verbally DENIED motion (counsel to prepare order). Court verbally stayed the notice of depo of Dr. Hilton until the court rules on the pendingmotion to quach. Verbal motion to seal proceedings DENIED. Verbal motion to extend discovery GRANTED – extened to 12/8/00 (counsel to prepare order) (fmm) (Entered: 09/29/2000)
July 10, 2000   SUBMITTED to Judge Thomas W. Thrash on [58-1] motion for temporary restraining order. (File in chambers.) (crc) (Entered: 07/10/2000)
July 12, 2000   Proposed Order denying [58-1] motion for temporary restraining order by plaintiff. (crc) (Entered: 07/13/2000)
July 12, 2000 61 Attorney appearance for plaintiff by Stewart Alan Anshell (crc) (Entered: 07/13/2000)
July 13, 2000 62 Response by plaintiff to [56-1] motion to quash deposition of Michael Hilton, M.D. (crc) (Entered: 07/14/2000)
July 13, 2000 62 MOTION by plaintiff for protective order with brief in support. Filed as part of response to motion to quash. (crc) (Entered: 07/14/2000)
July 14, 2000   SUBMITTED to Judge Thomas W. Thrash on [56-1] motion to quash deposition of Michael Hilton, M.D. (File in chambers.) (crc) Modified on 07/18/2000 (Entered: 07/14/2000)
July 17, 2000 63 Reply brief to [51-1] motion for clarification of order by plaintiff. (crc) (Entered: 07/18/2000)
July 17, 2000 64 Response by movant to [58-1] motion for temporary restraining order, [58-2] motion to preserve pla’s psychiatric-patient privilege and confidentiality agreement (crc) (Entered: 07/18/2000)
July 19, 2000   SUBMITTED to Judge Thomas W. Thrash on [58-1] motion for temporary restraining order, [58-2] motion to preserve pla’s psychiatric-patient privilege and confidentiality agreement, [57-1] motion to seal their response to pla’s motion for clarification of order and its exhibits. (File in chambers.) (crc) (Entered: 07/19/2000)
July 19, 2000 65 ORDER by Judge Thomas W. Thrash DENYING [58-1] emergency motion for temporary restraining order, without prejudice to any later relief sought, by James J. Murtagh Jr., (cc) (ck) (Entered: 07/19/2000)
July 20, 2000 66 Response by defendant Emory University to [58-1] motion for temporary restraining order, [58-2] motion to preserve pla’s psychiatric-patient privilege and confidentiality agreement (crc) (Entered: 07/21/2000)
July 21, 2000 67 Reply brief to [52-1] motion to dismiss plaintiff’s federal false claims act and federal rico claims pursuant to rule 12 (B)(1) by defendant Fulton-Dekalb Hosp . (crc) (Entered: 07/24/2000)
July 25, 2000   SUBMITTED to Judge Thomas W. Thrash on [52-1] motion to dismiss plaintiff’s federal false claims act and federal rico claims pursuant to rule 12 (B)(1), and [51-1] motion for clarification of order. (File in chambers.) (crc) Modified on 07/26/2000 (Entered: 07/25/2000)
July 26, 2000 68 MOTION by plaintiff to extend time to respond to discovery thru 8/5/00 with brief in support. (crc) (Entered: 07/27/2000)
July 31, 2000 69 Response by defendant William J. Casarella to [68-1] motion to extend time to respond to discovery thru 8/5/00 (crc) (Entered: 08/01/2000)
Aug. 01, 2000   SUBMITTED to Judge Thomas W. Thrash on [68-1] motion to extend time to respond to discovery thru 8/5/00. (File in chambers.) (crc) (Entered: 08/01/2000)
Aug. 03, 2000 70 ORDER by Judge Thomas W. Thrash GRANTING [68-1] motion to extend time to respond to discovery thru 8/5/00 (cc) (crc) (Entered: 08/03/2000)
Aug. 04, 2000 71 ORDER by Judge Thomas W. Thrash denying as moot the [3-1] motion to dismiss by Fulton-Dekalb Hosp, denying as moot the [4-1] motion to dismiss by Gerald Staton, David Guidot, Emory University, denying as moot the [8-1] motion to dismiss count 1 of plaintiff’s amended complaint by Gerald Staton, David Guidot, GRANTING [10-1] motion for leave to file motion to dismiss plaintiff’s amended complaint out of time, GRANTING [22-1] motion for leave to file a brief in excess of 25 pages, GRANTING [9-1] motion to dismiss count 2 of plaintiff’s amended complaint, GRANTING [11-1] motion to dismiss plaintiff’s amended complaint pursuant to FRCP 12(B)(6) as to RICO claims but DENYING w/respect to Whistleblower Act claim, GRANTING [22-2] motion to dismiss plaintiff’s amended complaint, denying as moot the [27-1] motion to seal motion by Emory University, denying as moot the [52-1] motion to dismiss plaintiff’s federal false claims act and federal rico claims pursuant to rule 12 (B)(1) by Fulton-Dekalb Hosp, VACATING and SETTING ASIDE [47-1] consent order, denying as moot the [51-1] motion for clarification of order by James J. Murtagh Jr., DENYING [57-1] motion to seal their response to pla’s motion for clarification of order and its exhibits by Gerald Staton, David Guidot, Emory University, DENYING [56-1] motion to quash deposition of Michael Hilton, M.D. by Michael C. Hilton, DENYING [62-1] motion for protective order by James J. Murtagh Jr. (cc) (fmm) (Entered: 08/07/2000)
Aug. 04, 2000   Terminated submissions. (fmm) (Entered: 08/07/2000)
Aug. 04, 2000 72 MOTION by plaintiff for protective order , and to quash and objections to dft’s subpoenas to Thomas Gable, M>D. Lawrence Giustra, M.D. and Robert Alpern with brief in support. (crc) (Entered: 08/07/2000)
Aug. 04, 2000 73 MOTION by plaintiff for protective order , and to quash and objections to subpoenas to Philip Ninan, M.D. with brief in support. (crc) (Entered: 08/10/2000)
Aug. 07, 2000   Case reassigned to Judge Beverly B. Martin . Calendar sheets forwarded and notice mailed to counsel. (so) (Entered: 08/07/2000)
Aug. 08, 2000 74 MOTION by plaintiff for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties with brief in support. (crc) (Entered: 08/10/2000)
Aug. 08, 2000 74 REPLY by plaintiff to response to motion for temporary restraining order and to preserve pla’s psychiatric-patient privilege & confidentially agreement. (File as part of motion doc. 74) (crc) (Entered: 08/10/2000)
Aug. 10, 2000 75 SUPPLEMENTAL ANSWERS TO MANDATORY DISCLOSURES by plaintiff (crc) (Entered: 08/11/2000)
Aug. 14, 2000 76 Response by defendant Fulton-Dekalb Hosp in opposition to [73-1] motion for protective order, [73-2] motion to quash and objections to subpoenas to Philip Ninan, M.D. (crc) (Entered: 08/15/2000)
Aug. 14, 2000 77 Response by defendant Fulton-Dekalb Hosp in opposition to [72-1] motion for protective order, [72-2] motion to quash and objections to dft’s subpoenas to Thomas Gable, M>D. Lawrence Giustra, M.D. and Robert Alpern (crc) (Entered: 08/15/2000)
Aug. 14, 2000 78 Response by defendant Fulton-Dekalb Hosp in opposition to [72-1] amended motion for protective order, [72-2] motion to quash and objections to dft’s subpoenas to Thomas Gable, M>D. Lawrence Giustra, M.D. and Robert Alpern (crc) (Entered: 08/15/2000)
Aug. 14, 2000 79 MOTION by defendant Emory University for access to Dr. Hilton’s Evaluations, records and impressions (crc) (Entered: 08/15/2000)
Aug. 14, 2000 80 Response by defendant Emory University in support of [79-1] motion for access to Dr. Hilton’s Evaluations, records and impressions (included w/in response at docu #80) (crc) Modified on 08/25/2000 (Entered: 08/15/2000)
Aug. 14, 2000 81 NOTICE OF APPEAL by plaintiff from [71-1] order Appeal information sheet due 8/28/00 (crc) (Entered: 08/16/2000)
Aug. 14, 2000 80 Brief by defendant Emory University in opposition to [72-1] motion for protective order, [72-2] motion to quash and objections to dft’s subpoenas to Thomas Gable, M.D. Lawrence Giustra, M.D. and Robert Alpern, [73-1] motion for protective order, [73-2] motion to quash and objections to subpoenas to Philip Ninan, M.D. (fmm) (Entered: 08/25/2000)
Aug. 15, 2000   SUBMITTED to Judge Beverly B. Martin on [79-1] motion for access to Dr. Hilton’s Evaluations, records and impressions, [72-1] motion for protective order, [72-2] motion to quash and objections to dft’s subpoenas to Thomas Gable, M>D. Lawrence Giustra, M.D. and Robert Alpern, [73-1] motion for protective order, [73-2] motion to quash and objections to subpoenas to Philip Ninan, M.D. (crc) (Entered: 08/15/2000)
Aug. 16, 2000   Notice of appeal, certified copy of order and certified copy of docket to USCA RE: [81-1] appeal (crc) (Entered: 08/16/2000)
Aug. 16, 2000 82 Notice of corrected pages to brief in opposition to pla motion for protective order and to quash subpoenas and in support of Emory’s motion for access to Dr. Hilton’s evaluation. Page 3 is missing from original brief. Exhibits A & B are tranposed. (crc) (Entered: 08/17/2000)
Aug. 21, 2000   Appeal fees received FILING FEE $ 105.00 RECEIPT # 458890 RE: [81-1] appeal (aar) (Entered: 08/22/2000)
Aug. 21, 2000 83 Acknowledgment by USCA RE: [81-1] appeal USCA dkt no. 00-14273-B (epm) (Entered: 08/24/2000)
Aug. 23, 2000 84 REPLY by plaintiff to response to [72-1] motion for protective order, [72-2] motion to quash and objections to dft’s subpoenas to Thomas Gable, M>D. Lawrence Giustra, M.D. and Robert Alpern, [73-1] motion for protective order and [73-2] motion to quash and objections to subpoenas to Philip Ninan, M.D. (aaq) (Entered: 08/25/2000)
Aug. 23, 2000 84 Response by plaintiff to [79-1] motion for access to Dr. Hilton’s Evaluations, records and impressions (aaq) (Entered: 08/25/2000)
Aug. 24, 2000 85 MOTION by defendant Emory University to quash plaintiff’s notice of deposition of Dr. Michael Hilton (aaq) (Entered: 08/25/2000)
Aug. 28, 2000 86 CONSENT ORDER by Judge Beverly B. Martin, extending time for dft Emory University to file response [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties thru 9/1/00 , [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties to be submitted on 9/2/00 (cc) (bek) (Entered: 08/29/2000)
Aug. 29, 2000 87 MOTION by plaintiff for Rule 54(b) judgment certification , and for permission to appeal the court’s order of 8/4/00 with brief in support (aaq) Modified on 09/01/2000 (Entered: 08/31/2000)
Sept. 05, 2000 88 MOTION by defendant Emory University to seal supplemental affidavit of R. Wayne Alexander, M.D. and accompanying report of Michael C. Hilton, M.D. (aaq) (Entered: 09/06/2000)
Sept. 05, 2000 88 Affidavit of R. Wayne Alexander, M.D., Ph.D. and accompanying report of Michael C. Hilton, M.D. (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aaq) (Entered: 09/06/2000)
Sept. 05, 2000 89 Response by defendant Emory University to [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties (aaq) (Entered: 09/06/2000)
Sept. 06, 2000   SUBMITTED to Judge Beverly B. Martin on [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties (file in chambers) (aaq) (Entered: 09/06/2000)
Sept. 08, 2000 90 MOTION by defendant Emory University to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld with brief in support. (aaq) (Entered: 09/11/2000)
Sept. 13, 2000 91 Memorandum of law by defendants Emory University, David Guidot and Gerald Staton in opposition to [87-1] motion for Rule 54(b) judgment certification (aaq) (Entered: 09/14/2000)
Sept. 13, 2000 92 REPLY by plaintiff to response to [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties (aaq) (Entered: 09/14/2000)
Sept. 14, 2000   SUBMITTED to Judge Beverly B. Martin on [87-1] motion for Rule 54(b) judgment certification (file in chambers) (aaq) (Entered: 09/14/2000)
Sept. 15, 2000 93 Response by defendant William J. Casarella in opposition to [87-1] motion for Rule 54(b) judgment certification (aaq) (Entered: 09/19/2000)
Sept. 18, 2000 94 Defendant Fulton-Dekalb Hosp opposition to [87-1] motion for Rule 54(b) judgment certification (aaq) (Entered: 09/19/2000)
Sept. 19, 2000   SUBMITTED to Judge Beverly B. Martin on [85-1] motion to quash plaintiff’s notice of deposition of Dr. Michael Hilton (File in Chambers) (fmm) (Entered: 09/19/2000)
Sept. 19, 2000 98 Certified copy of ENTRY OF DISMISSAL of USCA DISMISSING [81-1] appeal USCA dkt no. 00-14273 BB pursuant to the appellant’s motion for voluntary dismissal (crc) (Entered: 09/27/2000)
Sept. 25, 2000 95 Stipulation by plaintiffs and defendants extending time to 09/27/00 for plaintiff to respond [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld (to BBM) (aaq) (Entered: 09/26/2000)
Sept. 26, 2000 96 MOTION by defendant Emory University to file supplemental brief to [89-1] response to [74-1] motion for injunctive relief with proposed supplemental brief (aaq) (Entered: 09/27/2000)
Sept. 26, 2000 97 MOTION by defendant Emory University to strike affidavit of Donald R. Soeken, attached as an exhibit to [74-1] motion with memorandum of law in support. (aaq) (Entered: 09/27/2000)
Sept. 27, 2000 99 MOTION by plaintiff for default judgment against Fulton-Dekalb Hospital with memorandum of law in support support. (aaq) (Entered: 09/28/2000)
Sept. 27, 2000 100 Stipulation extending time to 09/29/00 for plaintiff to respond to defendants’ [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld (to BBM) (aaq) (Entered: 09/29/2000)
Sept. 28, 2000 101 ANSWER to amended complaint [5-1] by Fulton-Dekalb Hosp; jury demand (aaq) (Entered: 09/29/2000)
Sept. 28, 2000 104 Response by defendant Fulton-Dekalb Hosp to [99-1] motion for default judgment against Fulton-Dekalb Hospital (aaq) (Entered: 10/02/2000)
Sept. 29, 2000 102 Supplement by defendant Emory University to brief in support of its[90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld (aaq) (Entered: 09/29/2000)
Sept. 29, 2000 103 MOTION by defendant Emory University to seal attached deposition of Steve Moye taken 09/05/00 (***FILED UNDER SEAL***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aaq) Modified on 04/19/2001 (Entered: 09/29/2000)
Sept. 29, 2000   Deposition of STEVE MOYE taken for defendant Emory University (***FILED UNDER SEAL***) (aaq) (Entered: 09/29/2000)
Sept. 29, 2000 105 Response by plaintiff to [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld (aaq) (Entered: 10/03/2000)
Oct. 02, 2000   SUBMITTED to Judge Beverly B. Martin on [99-1] motion for default judgment against Fulton-Dekalb Hospital (file in chambers) (aaq) (Entered: 10/02/2000)
Oct. 02, 2000 106 MOTION by defendant Fulton-Dekalb Hosp to strike affidavit of Donald R. Soeken included in [74-1] motion for injunctive relief (aaq) (Entered: 10/03/2000)
Oct. 02, 2000   ENDORSED ORDER by CRD APPROVING [95-1] stipulation extending time to 09/27/00 for plaintiff to respond [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld by defendants and plaintiff (cc) (aaq) (Entered: 10/04/2000)
Oct. 02, 2000 107 Reply memorandum of law to [87-2] motion (aaq) (Entered: 10/04/2000)
Oct. 03, 2000   SUBMITTED to Judge Beverly B. Martin on [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld (file in chambers) (aaq) (Entered: 10/03/2000)
Oct. 03, 2000   SUBMITTED to Judge Beverly B. Martin on [88-1] motion to seal supplemental affidavit of R. Wayne Alexander, M.D. and accompanying report of Michael C. Hilton, M.D. (file in chambers) (aaq) (Entered: 10/03/2000)
Oct. 04, 2000 108 Second Supplemental ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aaq) (Entered: 10/06/2000)
Oct. 13, 2000 109 Response by plaintiff to [97-1] motion to strike affidavit of Donald R. Soeken, attached as an exhibit to [74-1] motion (aaq) (Entered: 10/16/2000)
Oct. 13, 2000 110 ORDER by Judge Beverly B. Martin DENYING plaintiff’s [72-1], [73-1] motions for protective order and [72-2], [73-2] to quash; DENYING without prejudice dft Grady’s [78-1] motion to compel responses to its third interrogatories & document requests; GRANTING dft Emory’s [79-1] motion for access to Dr. Hilton’s Evaluations, records and impressions; DENYING as moot dft Emory’s [85-1] motion to quash plaintiff’s notice of deposition of Dr. Michael Hilton; GRANTING dft Emory’s [90-1] motion to quash plaintiff’s notice of deposition of Jeffrey Sonnenfeld; DENYING plaintiff’s [87-1] motion for certification of the Court’s earlier order dismissing the RICO claim; DENYING plaintiff’s [99-1] motion for default judgment against Grady. (c/s by ctrm dep via fax on 10/13/00; cc: 10/17/00) (dfb) Modified on 10/17/2000 (Entered: 10/17/2000)
Oct. 16, 2000   SUBMITTED to Judge Beverly B. Martin on [97-1] motion to strike affidavit of Donald R. Soeken, attached as an exhibit to [74-1] motion (file in chambers) (aaq) (Entered: 10/16/2000)
Oct. 16, 2000 111 Third Supplemental ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aaq) (Entered: 10/18/2000)
Oct. 16, 2000 112 MOTION by plaintiff to strike defendant Fulton-DeKalb Hospital’s affirmative defenses in the [101-1] amended complaint answer and for award of attorney’s fees against Fulton-Dekalb Hospital (aaq) (Entered: 10/18/2000)
Oct. 16, 2000 113 REPLY by plaintiff to response to [99-1] motion for default judgment (aaq) (Entered: 10/18/2000)
Oct. 16, 2000 113 Memorandum of Law by plaintiff in support of [112-1] motion to strike defendant Fulton-DeKalb Hospital’s affirmative defenses in the [101-1] amended complaint answer and [112-2] motion for award of attorney’s fees against Fulton-Dekalb Hospital (aaq) (Entered: 10/18/2000)
Oct. 17, 2000 114 ANSWERS TO MANDATORY DISCLOSURES by defendant Fulton-Dekalb Hospital (aaq) (Entered: 10/18/2000)
Oct. 18, 2000 115 MOTION by defendant Fulton-Dekalb Hospital for summary judgment with brief in support and statement of material facts. (notices sent to counsel) (aaq) (Entered: 10/19/2000)
Oct. 19, 2000 116 Opposition by defendant Fulton-DeKalb Hospital to [112-1] motion to strike defendant Fulton-DeKalb Hospital’s affirmative defenses in the [101-1] amended complaint answer and to [112-2] motion for award of attorney’s fees against Fulton-Dekalb Hospital (aaq) (Entered: 10/20/2000)
Oct. 20, 2000   SUBMITTED to Judge Beverly B. Martin on [112-1] motion to strike defendant Fulton-DeKalb Hospital’s affirmative defenses in the [101-1] amended complaint answer and [112-2] motion for award of attorney’s fees against Fulton-Dekalb Hospital (file in chambers) (aaq) (Entered: 10/20/2000)
Oct. 20, 2000 117 EMERGENCY MOTION by plaintiff to extend the discovery period to 12/18/00 with respect to defendant Fulton-DeKalb Hospital Authority (to BBM) (aaq) (Entered: 10/23/2000)
Oct. 23, 2000 118 MOTION by defendant Emory University to strike affidavit of Eva Herr attached as an exhibit to the [105-1] response to the motion to quash with a memorandum of law in support. (aaq) (Entered: 10/24/2000)
Oct. 25, 2000   Steno notes of proceedings held 7/7/00 before Judge Thomas W. Thrash, by Court Reporter Donna Keeble. (adg) (Entered: 10/25/2000)
Oct. 25, 2000   SUBMITTED to Judge Beverly B. Martin on [103-1] motion to seal attached deposition of Steve Moye taken 09/05/00 and [96-1] motion to file supplemental brief to [89-1] response to [74-1] motion for injunctive relief (file in chambers) (aaq) (Entered: 10/25/2000)
Oct. 26, 2000 119 Response by defendant Fulton-Dekalb Hosp in opposition to [117-1] motion to extend the discovery period to 12/18/00 with respect to defendant Fulton-DeKalb Hospital Authority (aaq) (Entered: 10/26/2000)
Oct. 26, 2000   SUBMITTED to Judge Beverly B. Martin on [117-1] motion to extend the discovery period to 12/18/00 with respect to defendant Fulton-DeKalb Hospital Authority (file in chambers) (aaq) (Entered: 10/26/2000)
Oct. 27, 2000 120 ORDER by Judge Beverly B. Martin DENYING [112-1] motion to strike defendant Fulton-DeKalb Hospital’s affirmative defenses in the [101-1] amended complaint answer; DENYING [112-2] motion for award of attorney’s fees, and GRANTING IN PART AND DENYING IN PART [117-1] motion to extend the discovery period to 12/18/00; discovery is extended through and including 12/11/00; all parties shall have 30 days from the close of discovery to file any mtns for sumjgm. Discovery ends 12/11/00 (cc) (kt) (Entered: 10/30/2000)
Oct. 27, 2000 121 Reply brief to [97-1] motion to strike affidavit of Donald R. Soeken attached as an exhibit to [74-1] motion by defendant Emory University . (aaq) (Entered: 10/31/2000)
Oct. 30, 2000 122 MOTION by defendant Emory University to seal motion to quash (***UNSEALED PURSUANT TO THIS COURT’S ORDER OF 12/11/00***) (aaq) Modified on 04/11/2002 (Entered: 10/31/2000)
Oct. 30, 2000 122 MOTION by defendant Emory University to quash plaintiff’s notice of deposition of Samuel Newcom (***UNSEALED PURSUANT TO THIS COURT’S ORDER OF 12/11/00***) (aaq) Modified on 04/11/2002 (Entered: 10/31/2000)
Nov. 02, 2000   Proposed Consent Order extending time thru 12/15/00 for discovery. (to BBM) (aaq) (Entered: 11/03/2000)
Nov. 02, 2000 123 MOTION by defendant Fulton-DeKalb Hospital Authority for protective order to prevent the deposition of Jennifer De Simone with memorandum in support. (aaq) (Entered: 11/03/2000)
Nov. 03, 2000 124 MOTION by defendant Emory University to seal deposition of William J. Casarella, M.D. (aaq) (Entered: 11/06/2000)
Nov. 03, 2000   Deposition of WILLIAM J. CASARELLA, M.D. taken for defendant Emory University (***FILED UNDER SEAL***) ##UNSEALED PURSUANT TO [237-1] ORDER OF 4/18/01## (aaq) (Entered: 11/06/2000)
Nov. 06, 2000   SUBMITTED to Judge Beverly B. Martin on [106-1] motion to strike affidavit of Donald R. Soeken included in [74-1] motion for injunctive relief (file in chambers) (aaq) (Entered: 11/06/2000)
Nov. 06, 2000 125 CONSENT ORDER by Judge Beverly B. Martin extending time to 12/15/00 for limited discovery Discovery ends 12/15/00 (cc) (aaq) (Entered: 11/07/2000)
Nov. 06, 2000 126 ORDER by Judge Beverly B. Martin DENYING [74-1] motion for injunctive relief ordering Emory University to reinstate Dr. Murtagh to his duties by James J. Murtagh Jr., GRANTING IN PART AND DENYING IN PART without prejudice [97-1] motion to strike affidavit of Donald R. Soeken, attached as an exhibit to [74-1] motion by Emory University, GRANTING [103-1] motion to seal attached deposition of Steve Moye taken 09/05/00, GRANTING [88-1] motion to seal supplemental affidavit of R. Wayne Alexander, M.D. and accompanying report of Michael C. Hilton, M.D. and GRANTING [96-1] motion to file supplemental brief to [89-1] response to [74-1] motion for injunctive relief (***FILED UNDER SEAL***) (cc) **UNSEALED PURSUANT TO ORDER OF 12/1/00*** (aaq) Modified on 11/07/2000 (Entered: 11/07/2000)
Nov. 06, 2000   Terminated submission on [106-1] motion to strike affidavit of Donald Soeken, motion ruled on as part of [126-1] order of 11/6/00. (pdw) (Entered: 11/13/2000)
Nov. 08, 2000 127 Supplemental ANSWERS TO MANDATORY DISCLOSURES by defendant Fulton-Dekalb Hospital (aaq) (Entered: 11/08/2000)
Nov. 08, 2000   Proposed Consent Order by plaintiff James J. Murtagh Jr. and defendant Fulton-Dekalb Hospital extending time to 11/14/00 for plaintiff to respond to dft Fulton-DeKalb Hospital’s motion for summary judgment. (to BBM) (aaq) Modified on 11/16/2000 (Entered: 11/09/2000)
Nov. 09, 2000 128 EMERGENCY MOTION by defendant Fulton-Dekalb Hosp for sanctions pursuant to FRCP 37(B) with memorandum in support. (***FILED UNDER SEAL***) (aaq) (Entered: 11/13/2000)
Nov. 09, 2000 130 MOTION by defendant Fulton-Dekalb Hospital Authority to seal its emergency motion for sanctions with proposed order (aaq) (Entered: 11/14/2000)
Nov. 13, 2000   SUBMITTED to Judge Beverly B. Martin on [128-1] Emergency motion for sanctions pursuant to FRCP 37(B) (file in chambers) (aaq) (Entered: 11/13/2000)
Nov. 13, 2000 129 Brief by plaintiff in opposition to emergency status only of dfts’ [128-1] motion for sanctions pursuant to FRCP 37(B) (aaq) (Entered: 11/14/2000)
Nov. 13, 2000 131 Notice of filing of deposition of Steve by plaintiff. (aaq) (Entered: 11/14/2000)
Nov. 13, 2000   Deposition of STEVE MOYE taken for plaintiff **FILED UNDER SEAL*** (aaq) (Entered: 11/14/2000)
Nov. 13, 2000 132 Response by plaintiff James J. Murtagh Jr. to [118-1] motion to strike affidavit of Eva Herr attached as an exhibit to the [105-1] response to the motion to quash (aaq) (Entered: 11/14/2000)
Nov. 14, 2000   SUBMITTED to Judge Beverly B. Martin on Emergency [128-1] motion for sanctions pursuant to FRCP 37(B) and [118-1] motion to strike affidavit of Eva Herr attached as an exhibit to the response to the motion to quash (file in chambers) (aaq) (Entered: 11/14/2000)
Nov. 14, 2000 133 Notice by CRD of hearing set for 10:00 a.m. on 11/17/00 on [128-1] motion for sanctions pursuant to FRCP 37(B) (cc) (aaq) (Entered: 11/15/2000)
Nov. 14, 2000 134 Memorandum by plaintiff in opposition to [122-1] motion to quash plaintiff’s notice of deposition of Samuel Newcom (aaq) (Entered: 11/15/2000)
Nov. 14, 2000 135 Memoranum by plaintiff in opposition to [115-1] motion for summary judgment with pla’s statement on disputed facts (***PLACED UNDER SEAL 11/20/00***) ##UNSEALED PER [237-1] ORDER OF 4/18/01## (aaq) Modified on 04/19/2001 (Entered: 11/15/2000)
Nov. 15, 2000   SUBMITTED to Judge Beverly B. Martin on [122-1] motion to quash plaintiff’s notice of deposition of Samuel Newcom and [115-1] motion for summary judgment (file in chambers) (aaq) (Entered: 11/15/2000)
Nov. 15, 2000 136 EMERGENCY MOTION by defendant William J. Casarella for sanctions pursuant to FRCP 37(b) and to dismiss pla’s complaint with prejudice with memorandum of law in support. (***FILED UNDER SEAL***) (to BBM) (aaq) Modified on 11/16/2000 (Entered: 11/16/2000)
Nov. 15, 2000 137 MOTION by defendant William J. Casarella to seal [136-1] emergency motion for sactions with memorandum of law in support and proposed order. (***FILED UNDER SEAL***) (aaq) Modified on 11/16/2000 (Entered: 11/16/2000)
Nov. 16, 2000 138 ORDER by Judge Beverly B. Martin GRANTING [137-1] motion to seal [136-1] emergency motion for sactions (cc) (aaq) (Entered: 11/16/2000)
Nov. 16, 2000 139 CONSENT ORDER by Judge Beverly B. Martin extending time to 11/14/00 for plaintiff to respond to [115-1] motion for summary judgment [115-1] motion for summary judgment to be submitted on 11/14/00 (cc) (aaq) (Entered: 11/16/2000)
Nov. 16, 2000 140 Notice by CRD hearing set on emergency [128-1] motion for sanctions pursuant to FRCP 37(B) has been continued until 11/21/00 at 10:00 a.m. (cc by CRD) (aaq) (Entered: 11/16/2000)
Nov. 16, 2000 141 MOTION by defendant Fulton-Dekalb Hosp to seal the attached supplemental brief in support of its emergency motion for sactions with proposed order. (aaq) (Entered: 11/17/2000)
Nov. 16, 2000 141 Reply brief in support of its [128-1] motion for sanctions pursuant to FRCP 37(B) by defendant Fulton-Dekalb Hosp. (***FILED UNDER SEAL***) (aaq) (Entered: 11/17/2000)
Nov. 17, 2000 142 EMERGENCY CONSENT MOTION by plaintiff James J. Murtagh Jr. and dfts Fulton-Dekalb Hospital and Emory University to seal pla’s affidavit, exhibits, memorandum of law, and statement on disputed facts submitted in opposition to dft Fulton-DeKalb Hospital’s Motion for sum jmt and memo in support (to BBM) (aaq) (Entered: 11/20/2000)
Nov. 17, 2000 143 MOTION by defendant Emory University to seal attached motion to unseal the court’s 11/06/00 order with memorandum in support. (***FILED UNDER SEAL***) **UNSEALED PURSUANT TO ORDER OF 12/1/00** (aaq) (Entered: 11/20/2000)
Nov. 20, 2000   ENDORSED ORDER by Judge Beverly B. Martin GRANTING [142-1] joint motion to seal pla’s affidavit, exhibits, memorandum of law, and statement on disputed facts submitted in opposition to dft Fulton-DeKalb Hospital’s Motion for sum jmt and memo in support (cc) (aaq) (Entered: 11/21/2000)
Nov. 20, 2000 144 Memorandum by plaintiff in opposition to [123-1] motion for protective order to prevent the deposition of Jennifer De Simone (aaq) (Entered: 11/21/2000)
Nov. 21, 2000   SUBMITTED to Judge Beverly B. Martin on [123-1] motion for protective order to prevent the deposition of Jennifer De Simone (file in chambers) (aaq) (Entered: 11/21/2000)
Nov. 21, 2000 145 Closed Motion HEARING held before Judge Beverly B. Martin on Fulton-DeKalb Hospital’s [128-1] Emergency motion for sanctions pursuant to FRCP 37(B). The court directs the record of this proceeding, including any exhibits admitted be SEALED. (aaq) (Entered: 11/22/2000)
Nov. 21, 2000   Defendants’ Exhibit 1 from Closed Hearing on Fulton-DeKalb Hospital’s emergency motion for sanctions (***FILED UNDER SEAL and PLACED IN THE SEALED ROOM***) (aaq) (Entered: 11/22/2000)
Nov. 21, 2000 146 ORDER by Judge Beverly B. Martin concerning the emergency [136-1] and [128-1] motions for sanctions pursuant to FRCP 37(B). Counsel for the Fulton-DeKalkb Hospital Authority and Dr. William J. Cassarella are directed to file affidavits describing their fees and expenses associated with these motions. The movants will have ten (10) days from the entry of this order to submit their affidavits. [146-1] order to be submitted on 12/7/00 (cc) (aaq) (Entered: 11/22/2000)
Nov. 22, 2000   Steno notes of proceedings held 11/21/00 before Judge Beverly B. Martin, by Court Reporter Dennis J. Reidy. (***FILED UNDER SEAL***) (***UNSEALED PURSUANT TO COURT ORDER OF 04/23/02***) (aaq) Modified on 06/05/2002 (Entered: 11/22/2000)
Nov. 22, 2000 147 MOTION by defendant to supplement the [143-2] motion to unseal the court’s 11/06/00 order with brief in support. (aaq) (Entered: 11/24/2000)
Nov. 27, 2000 148 Reply brief by dft Emory University to [118-1] motion to strike affidavit of Eva Herr attached as an exhibit to the [105-1] response to the motion to quash (aaq) (Entered: 11/28/2000)
Nov. 27, 2000 149 ORDER by Judge Beverly B. Martin DIRECTING the court reporter who took down the proceedings on 11/21/00 to provide pla’s attorney, John Wales, with a copy of the transcript. Mr. Wales is DIRECTED not to discuss, disclose or release the information contained in the transcript to any third parties. (cc) (aaq) (Entered: 11/28/2000)
Nov. 28, 2000 151 ORDER by Judge Beverly B. Martin GRANTING [141-1] motion to seal the attached [141-1] supplemental brief in support of its emergency motion for sactions (cc) (aaq) (Entered: 11/30/2000)
Nov. 29, 2000 150 ORDER by Judge Beverly B. Martin DIRECTING the court reporter who took down the proceedings on 11/21/00 to provide dft Fulton-DeKalb Hospital Authority’s attorney, Holly Stevens with a copy of the transcript. Ms. Stevens is DIRECTED not to discuss, disclose or release the information contained in the transcript to any third parties. (cc) (aaq) (Entered: 11/29/2000)
Nov. 29, 2000 152 Reply brief in support of [122-1] motion to quash plaintiff’s notice of deposition of Samuel Newcom by defendant Emory University. (aaq) (Entered: 11/30/2000)
Nov. 29, 2000 153 Notice of filing the affidavit of Michael P. Kenny by defendant Fulton-DeKalb Hospital in accordance with the court order of 11/21/00. (aaq) (Entered: 11/30/2000)
Nov. 30, 2000 154 Memorandum by plaintiff in opposition to [143-2] motion to unseal the court’s 11/06/00 order (***FILED UNDER SEAL***) (**UNSEALED PURSUANT TO ORDER OF 12/1/00**) (aaq) Modified on 11/30/2000 (Entered: 11/30/2000)
Nov. 30, 2000   SUBMITTED to Judge Beverly B. Martin on [143-2] motion to unseal the court’s 11/06/00 order (file in chambers) (aaq) Modified on 11/30/2000 (Entered: 11/30/2000)
Nov. 30, 2000 155 ORDER by Judge Beverly B. Martin DIRECTING the court reporter who took down the proceedings on 11/21/00 to provide dft Casarella’s atty, Robert Schroeder, with a copy of the transcript. Mr. Schroeder is DIRECTED that he not discuss, disclose or release the info contained therein to any 3d parties. (cc) (fmm) (Entered: 12/01/2000)
Nov. 30, 2000 156 Notice to take video deposition of James J. Murtaugh, Jr. by defendant Emory University (adg) (Entered: 12/01/2000)
Nov. 30, 2000 157 MOTION by defendant Fulton-Dekalb Hosp to seal notice of filing affidavit of Holly Stevens (fmm) (Entered: 12/01/2000)
Nov. 30, 2000 158 Notice of filing affidavit of Holly B. Stevens by defendant Fulton-Dekalb Hosp. (***FILED UNDER SEAL***) (fmm) (Entered: 12/01/2000)
Dec. 01, 2000   Terminated submission on [143-2] motion to unseal the court’s order of 11/6/00 pursuant to entry of order 12/1/00 granting said motion. (pdw) (Entered: 12/01/2000)
Dec. 01, 2000 159 Affidavit of Robert F. Schroeder filed by defendant William J. Casarella pursuant to [146-1] order. [146-1] order to be submitted on 12/7/00 (to BBM) (aaq) (Entered: 12/04/2000)
Dec. 01, 2000 160 Supplemental affidavit of Robert F. Schroeder filed by defendant William J. Casarella pursuant to [146-1] order. [146-1] order to be submitted on 12/7/00 (to BBM) (aaq) (Entered: 12/04/2000)
Dec. 01, 2000 161 TELE-CONFERENCE HELD before Judge Beverly B. Martin on Emory’s [143-2] motion to unseal the court’s 11/06/00 order. Oral motion by counsel for pla to lift the seal for all materials submitted under seal in this litigation TAKEN UNDER ADVISEMENT. (aaq) (Entered: 12/04/2000)
Dec. 01, 2000 162 ORDER by Judge Beverly B. Martin GRANTING IN PART AND DENYING IN PART [128-1] motion for sanctions pursuant to FRCP 37(B) by Fulton-Dekalb Hosp and [136-1] motion for sanctions pursuant to FRCP 37(b) by William J. Casarella. Dr. Murtagh is directed to confine any remarks or discussions about this litigation to discussions with his counsel and is further ordered to present checks, one made payable to (Alston & Bird LLP) in the amount of $6,388.17, one made payable to (Malcolm & Schroeder, LLP) in the amount of $2,371.98 and one made payable to (Clerk, U.S. District Court, Northern District of Georgia) in the amount of $1,000.00 within 30 days of docketing of this order. (aaq) (Entered: 12/04/2000)
Dec. 01, 2000 163 ORDER by Judge Beverly B. Martin GRANTING Emory University’s [143-2] motion to unseal the court’s 11/06/00 order. The seal is lifted for the entirety of the following pleadings: the court’s 11/06/00 order 126 ; Emory’s motion to lift the seal 143 ; Emory’s supplemental submission in support of this motion 147 and the plaintiff’s opposition to this motion 154 . (cc) (aaq) (Entered: 12/04/2000)
Dec. 01, 2000 164 ORDER by Judge Beverly B. Martin DIRECTING the parties to submit a joint list of all materials filed under seal with the court that contain or make reference to the personnel files of third parties or any information therefrom within 30 days of the entry of this order. Each party may also submit within 30 days of this order, a list of any other materials that the party believes ought to remain under seal in this matter including an explanation of the reason for leaving these materials under seal. (cc) (aaq) (Entered: 12/04/2000)
Dec. 04, 2000 165 MOTION by defendant Fulton-Dekalb Hospital (Grady) to strike the affidavit of plaintiff James J. Murtagh, M.D. with memorandum in support. (aaq) (Entered: 12/05/2000)
Dec. 04, 2000 166 Reply brief to [115-1] motion for summary judgment by defendant Fulton-Dekalb Hospital (Grady). (aaq) (Entered: 12/05/2000)
Dec. 04, 2000 168 TRANSCRIPT filed RE: for dates of 11/21/00. Court Reporter: DENNIS J. REIDY – (***FILED UNDER SEAL***) (***UNSEALED PURSUANT TO COURT ORDER OF 04/23/02***) (aaq) Modified on 06/05/2002 (Entered: 12/06/2000)
Dec. 05, 2000 167 SUPPLEMENTAL ANSWERS TO MANDATORY DISCLOSURES by defendant Emory University (aaq) (Entered: 12/06/2000)
Dec. 06, 2000 169 Withdrawal of Notice of Deposition of Dr. Donald R. Soeken (not on the docket) by defendant Emory University (aaq) (Entered: 12/07/2000)
Dec. 08, 2000   SUBMITTED to Judge Beverly B. Martin on [122-1] motion to seal motion to quash, [124-1] motion to seal deposition of William J. Casarella, M.D., [130-1] motion to seal its emergency motion for sanctions, [136-2] motion to dismiss pla’s complaint with prejudice and [146-1] order [146-1] (file in chambers) (aaq) (Entered: 12/08/2000)
Dec. 08, 2000 170 Reply brief in support of the [123-1] motion for protective order to prevent the deposition of Jennifer De Simone by defendant Fulton-Dekalb Hosp. (aaq) (Entered: 12/08/2000)
Dec. 08, 2000 171 MOTION by defendant Fulton-Dekalb Hospital to strike the affidavit of pla submitted with pla’s [144-1] opposition to Fulton-DeKalb Hospital’s Motion for a protective order (aaq) (Entered: 12/08/2000)
Dec. 11, 2000 172 Fourth Supplemental ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aaq) (Entered: 12/13/2000)
Dec. 11, 2000 173 ORDER by Judge Beverly B. Martin DENYING Emory’s [122-1] motion to quash plaintiff’s notice of deposition of Samuel Newcom by Emory University, but GRANTING IN PART Emory’s request for a protective order limiting the scope of any deposition of Dr. Newcom, DENYING Emory’s [122-1] motion to seal their motion to quash Dr. Newcom’s deposition notice, DENYING Emory’s [118-1] motion to strike the affidavit of Eva Herr attached as an exhibit to the response to the motion to quash and DENYING Fulton-DeKalb’s [123-1] motion for protective order to prevent the deposition of Jennifer De Simone. (cc by CRD) (aaq) (Entered: 12/13/2000)
Dec. 15, 2000 174 Supplemental ANSWERS TO MANDATORY DISCLOSURES by defendant Emory University (aaq) (Entered: 12/18/2000)
Dec. 15, 2000 175 EMERGENCY MOTION by plaintiff to extend time to 03/15/01 for discovery (to BBM) (aaq) (Entered: 12/18/2000)
Dec. 19, 2000 176 Response by defendant Fulton-Dekalb Hospital opposition to plaintiff’s emergency [175-1] motion to extend time to 03/15/01 for discovery. (aaq) (Entered: 12/20/2000)
Dec. 20, 2000   SUBMITTED to Judge Beverly B. Martin on plaintiff’s emergency [175-1] motion to extend time to 03/15/01 for discovery (file in chambers) (aaq) (Entered: 12/20/2000)
Dec. 20, 2000 177 Affidavit of Charles M. Schaffer, Jr. (aaq) (Entered: 12/21/2000)
Dec. 20, 2000 178 Response by defendant Emory University to plaintiff’s [175-1] motion to extend time to 03/15/01 for discovery (aaq) (Entered: 12/21/2000)
Dec. 26, 2000 179 Attorney appearance for plaintiff by Edward D. Buckley III (aaq) (Entered: 12/27/2000)
Dec. 26, 2000 180 Memorandum by plaintiff in opposition to [171-1] motion to strike the affidavit of pla submitted with pla’s [144-1] opposition to Fulton-DeKalb Hospital’s Motion for a protective order (aaq) (Entered: 12/27/2000)
Dec. 27, 2000   SUBMITTED to Judge Beverly B. Martin on [171-1] motion to strike the affidavit of plaintiff. (file in chambers) (aaq) (Entered: 12/27/2000)
Dec. 28, 2000 181 ORDER by Judge Beverly B. Martin DENYING [175-1] motion to extend time to 03/15/01 for discovery by James J. Murtagh Jr. (cc) (aaq) (Entered: 12/29/2000)
Dec. 28, 2000 182 Attorney appearance for plaintiff by Edward D. Buckley, III. (aaq) (Entered: 12/29/2000)
Dec. 29, 2000 183 MOTION by defendant Emory University to require plaintiff to pay the deposition fee of Dr. Michael Hilton as an expert (aaq) (Entered: 01/03/2001)
Dec. 29, 2000 184 Reply brief to [171-1] motion to strike the affidavit of pla submitted with pla’s [144-1] opposition to Fulton-DeKalb Hospital’s Motion for a protective order. (aaq) (Entered: 01/03/2001)
Dec. 29, 2000 185 Notices to take depositions of DR. CHRISTINE LALLOS, LORRAINE SPENCER and DR. BARBARA LONG by plaintiff (aaq) (Entered: 01/03/2001)
Dec. 29, 2000 186 MOTION by plaintiff to compel discovery from dft Fulton-DeKalb Hospital Authority with brief in support. (aaq) (Entered: 01/03/2001)
Jan. 02, 2001 187 Fifth Supplemental ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aaq) Modified on 01/12/2001 (Entered: 01/03/2001)
Jan. 02, 2001 188 Joint submission of materials relating to third parties to be maintained under seal by plaintiff James J. Murtagh Jr. and defendants Fulton-Dekalb Hospital Authority and Emory University in reponse to [164-1] order (aaq) (Entered: 01/03/2001)
Jan. 02, 2001 189 Submission by defendant Fulton-Dekalb Hospital Authority of materials it seeks to maintain under seal in response to [164-1] order and in opposition to plaintiff’s oral motion to lift the seal on all materials at the [161-1] telephone conference (aaq) (Entered: 01/03/2001)
Jan. 03, 2001   SUBMITTED to Judge Beverly B. Martin on [157-1] motion to seal notice of filing affidavit of Holly Stevens and [165-1] motion to strike the affidavit of plaintiff James J. Murtagh, M.D. (file in chambers) (aaq) (Entered: 01/03/2001)
Jan. 03, 2001   Payment received for sanctions in the amount of $ 1,000.00 Receipt #: 464794 by plaintiff Murtagh pursuant to court Order dated 12/04/00. (aaq) (Entered: 01/04/2001)
Jan. 04, 2001   Steno notes of proceedings held 12/01/00 before Judge Beverly B. Martin, by Court Reporter Pat M. Tanner. (aaq) (Entered: 01/04/2001)
Jan. 05, 2001 190 CONSENT ORDER by Judge Beverly B. Martin; IT IS HEREBY ORDERED that all parties shall have 30 days from the close of the extended discovery period (12/15/00) to file any mtns for sumjgm.; since that deadline falls on 1/15/01, a legal holiday, the deadline shall be 1/16/01. (cc) (kt) (Entered: 01/08/2001)
Jan. 09, 2001 191 SUPPLEMENTAL ANSWERS TO MANDATORY DISCLOSURES by defendant Emory University (aaq) (Entered: 01/10/2001)
Jan. 16, 2001 192 MOTION by defendant Fulton-Dekalb Hospital for summary judgment with brief in support and statement of facts as to which there is no genuine issue to be tried. (***FILED UNDER SEAL***) (ntcs sent to counsel) (***REMAIN UNDER SEAL PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 01/17/2001)
Jan. 16, 2001 193 MOTION by defendant Fulton-Dekalb Hospital to seal its motion for summary judgment, brief in support and statement of facts with proposed order. (aaq) (Entered: 01/17/2001)
Jan. 16, 2001 194 CONSENT ORDER by Judge Beverly B. Martin extending time in which the parties may file their motions for summary judgments to 01/22/01 or until 2 days after the deposition of Mr. Newcom is taken by plaintiff, whichever is later. As dft Fulton-DeKalb Hospital Authority has already filed its sum jgm motion, this Order does not apply to that party. (cc) (aaq) (Entered: 01/17/2001)
Jan. 16, 2001 195 Brief by plaintiff in response to [183-1] motion to require plaintiff to pay the deposition fee of Dr. Michael Hilton as an expert (*** ATTACHED DEPOSITION EXCERPTS OF LORRAINE H. SPENCER, MICHAEL C. HILTON and R. WAYNE ALEXANDER PLACED UNDER SEAL PURSUANT TO COURT ORDER OF 01/19/01***) (***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 01/17/2001)
Jan. 16, 2001 196 MOTION by plaintiff for reconsideration of [181-1] order and for clarification. (Document entitled Plaintiff’s brief in support of motion for reconsideration and clarification of this Court’s order of December 28, 2000.) (***ATTACHED DEPOSITION EXCERPTS OF CHRISTINE DIANE LALLOS and BARBARA LONG, PH.D. PLACED UNDER SEAL PURSUANT TO COURT ORDER OF 01/19/01***) (***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 01/17/2001)
Jan. 17, 2001   SUBMITTED to Judge Beverly B. Martin on [183-1] motion to require plaintiff to pay the deposition fee of Dr. Michael Hilton as an expert. (file in chambers) (aaq) (Entered: 01/17/2001)
Jan. 18, 2001 197 MOTION by defendant Emory University for protective order prohibiting further deposition testimony of Lorraine H. Spencer with brief in support. (***FILED UNDER SEAL***)(***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***)(aaq) Modified on 06/29/2001 (Entered: 01/19/2001)
Jan. 18, 2001 198 MOTION by defendant Emory University to seal their motion for a protective order and the brief in support. (aaq) (Entered: 01/19/2001)
Jan. 19, 2001   SUBMITTED to Judge Beverly B. Martin on [186-1] motion to compel discovery from dft Fulton-DeKalb Hospital Authority (file in chambers) (aaq) (Entered: 01/19/2001)
Jan. 19, 2001 199 Opposition by defendant Fulton-Dekalb Hosp to [186-1] motion to compel discovery (aaq) (Entered: 01/22/2001)
Jan. 19, 2001 200 Unopposed MOTION by plaintiff to seal deposition testimony attached to plaintiff’s brief in response to defendant Emory University’s motion to require plaintiff to pay deposition fee of Dr. Michael Hilton as an expert and plaintiff’s brief in support of motion for reconsideration and clarification of this court’s order of 12/28/00 with proposed order. (aaq) (Entered: 01/22/2001)
Jan. 19, 2001 201 ORDER by Judge Beverly B. Martin GRANTING [200-1] motion to seal deposition testimony attached to plaintiff’s brief in response to defendant Emory University’s motion to require plaintiff to pay deposition fee of Dr. Michael Hilton as an expert and plaintiff’s brief in support of motion for reconsideration and clarification of this court’s order of 12/28/00. Clerk is directed to seal the aforementioned deposition testimony. (cc) (aaq) (Entered: 01/22/2001)
Jan. 22, 2001   Terminated submissions. (aaq) (Entered: 01/22/2001)
Jan. 26, 2001 202 MOTION by plaintiff to extend time to 02/28/01 to file a response to defendant Grady’s [192-1] motion for summary judgment with brief in support. (aaq) (Entered: 01/29/2001)
Jan. 26, 2001 203 MOTION by plaintiff for leave to file a supplemental brief in support of motion for reconsideration of this court’s orders of 12/28/00 or for clarification of that order with proposed supplemental brief attached. (aaq) (Entered: 01/29/2001)
Jan. 26, 2001 204 Response by plaintiff to [197-1] motion for protective order prohibiting further deposition testimony of Lorraine H. Spencer. (***FILED UNDER SEAL***) (***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 01/29/2001)
Jan. 29, 2001   SUBMITTED to Judge Beverly B. Martin on [197-1] motion for protective order prohibiting further deposition testimony of Lorraine H. Spencer (file in chambers) (aaq) (Entered: 01/29/2001)
Jan. 29, 2001 205 MOTION by defendant Emory University for summary judgment with memorandum of law in support and Emory’s statement of material facts as to which there is no genuine issue to be tried. (***FILED UNDER SEAL***) (ntcs sent to counsel) (***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 01/30/2001)
Jan. 29, 2001 206 MOTION by defendant Emory University to seal the [205-1] motion for summary judgment, the memorandum in support and the statement of material facts (aaq) (Entered: 01/30/2001)
Jan. 30, 2001 207 Reply brief in support of [183-1] motion to require plaintiff to pay the deposition fee of Dr. Michael Hilton as an expert by defendant Emory University. (aaq) (Entered: 01/31/2001)
Feb. 02, 2001 208 Response by defendant Fulton-Dekalb Hosp in opposition to [196-1] motion for reconsideration of [181-1] order and [196-2] motion for clarification. (***FILED UNDER SEAL***) (***REMAIN UNDER SEAL PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 02/06/2001)
Feb. 02, 2001 209 MOTION by defendant Fulton-Dekalb Hosp to seal its’ [208-1] response with proposed order. (aaq) (Entered: 02/06/2001)
Feb. 02, 2001 210 Response by defendant Fulton-Dekalb Hosp in opposition to [202-1] motion to extend time to 02/28/01 to file a response to defendant Grady’s [192-1] motion for summary judgment. (aaq) (Entered: 02/06/2001)
Feb. 05, 2001 211 Reply brief to [186-1] motion to compel discovery from dft Fulton-DeKalb Hospital Authority by plaintiff. (aaq) (Entered: 02/06/2001)
Feb. 05, 2001 212 Response by defendant Emory University in opposition to [196-1] motion for reconsideration of [181-1] order and [196-2] motion for clarification. (aaq) (Entered: 02/06/2001)
Feb. 05, 2001 213 ORDER by Judge Beverly B. Martin GRANTING [203-1] motion for leave to file a supplemental brief in support of motion for reconsideration of this court’s orders of 12/28/00 or for clarification of that order, DENYING [196-1] motion for reconsideration of [181-1] order by James J. Murtagh Jr. and GRANTING [197-1] motion for protective order prohibiting further deposition testimony of Lorraine H. Spencer. Parties are directed to contact the CRD to schedule a hearing as soon as possible within the next 2 weeks to hear argument concerning the plaintiff’s motion to compel discovery from Grady. (cc) (aaq) (Entered: 02/06/2001)
Feb. 05, 2001   Terminated submission on [197-1] motion for protective order. (pdw) (Entered: 04/03/2001)
Feb. 06, 2001   SUBMITTED to Judge Beverly B. Martin on [196-1] motion for reconsideration of [181-1] order, [196-2] motion for clarification. and [202-1] motion to extend time to 02/28/01 to file a response to defendant Grady’s [192-1] motion for summary judgment. (file in chambers) (aaq) (Entered: 02/06/2001)
Feb. 07, 2001   SUBMITTED to Judge Beverly B. Martin on [193-1] motion to seal its motion for summary judgment and [198-1] motion to seal their motion for a protective order and the brief in support. (file in chambers) (aaq) (Entered: 02/07/2001)
Feb. 09, 2001 214 Joint MOTION by plaintiff and defendants Fulton-Dekalb Hosp. and Emory University to extend time to file consolidated PTO to a date 30 days following the Court’s ruling on both defendants’ pending motions for summary judgment. (aaq) (Entered: 02/12/2001)
Feb. 09, 2001   Proposed Consent Order by plaintiff and defendants Fulton-Dekalb Hosp. and Emory University regarding plaintiff’s response to defendant Emory’s motion for summary judgment and the filing of consolidated PTO. (to BBM) (aaq) (Entered: 02/12/2001)
Feb. 12, 2001 215 MOTION by defendant Fulton-DeKalb Hospital to strike plaintiff’s [211-1] reply brief in support of his motion to compel with memorandum in support. (aaq) (Entered: 02/13/2001)
Feb. 12, 2001 216 Notice by CRD of motion hearing set for 10:00 a.m. on 02/15/01 on plaintiff’s [186-1] motion to compel discovery from dft Fulton-DeKalb Hospital Authority. (cc by CRD) (aaq) (Entered: 02/13/2001)
Feb. 12, 2001 217 ORDER by Judge Beverly B. Martin GRANTING [214-1] joint motion to extend time to file consolidated PTO to a date 30 days following the Court’s ruling on both defendants’ pending motions for summary judgment and extending time to 03/09/01 for plaintiff to respond to [205-1] motion for summary judgment [205-1] motion for summary judgment to be submitted on 3/13/01 (cc) (aaq) (Entered: 02/13/2001)
Feb. 15, 2001 218 Motion HEARING held before Judge Beverly B. Martin on the [186-1] motion to compel discovery from dft Fulton-DeKalb Hospital Authority. Oral argument heard, written order to follow. (aaq) (Entered: 02/16/2001)
Feb. 20, 2001   SUBMITTED to Judge Beverly B. Martin on [206-1] motion to seal the [205-1] motion for summary judgment, the memorandum in support and the statement of material facts (file in chambers) (aaq) (Entered: 02/20/2001)
Feb. 20, 2001 219 Response by plaintiff to defendant Fulton-DeKalb’s [215-1] motion to strike plaintiff’s [211-1] reply brief in support of his motion to compel (aaq) (Entered: 02/21/2001)
Feb. 21, 2001   SUBMITTED to Judge Beverly B. Martin on [215-1] motion to strike plaintiff’s [211-1] reply brief in support of his motion to compel (file in chambers) (aaq) (Entered: 02/21/2001)
Feb. 23, 2001 220 Joint MOTION by plaintiff James J. Murtagh Jr. and defendant Fulton-Dekalb Hospital (Grady) to extend time for plaintiff to respond to [192-1] motion for summary judgment (to BBM) (aaq) (Entered: 02/26/2001)
Feb. 26, 2001   SUBMITTED to Judge Beverly B. Martin on [209-1] motion to seal its’ [208-1] response (file in chambers) (aaq) (Entered: 02/26/2001)
Feb. 26, 2001 221 ORDER by Judge Beverly B. Martin GRANTING [220-1] joint motion to extend time until 10 days after (1) this Court enters an Order with respect to plaintiff’s motion to compel and (2) all documents ordered to be produced by Grady are produced, for plaintiff to respond to [192-1] motion for summary judgment. (cc) (aaq) (Entered: 02/27/2001)
Mar. 01, 2001 222 ORDER by Judge Beverly B. Martin GRANTING IN PART AND DENYING IN PART [186-1] motion to compel discovery from dft Fulton-DeKalb Hospital Authority by James J. Murtagh Jr. (See order for specifics.) (cc) (aaq) (Entered: 03/02/2001)
Mar. 01, 2001   Terminated submission on [186-1] motion to compel discovery . (pdw) (Entered: 04/03/2001)
Mar. 09, 2001 223 Notice of filing original depositions by plaintiff. (aaq) (Entered: 03/12/2001)
Mar. 09, 2001   Depositions of DAVID GUIDOT, M.D., BETTY C. BLAKE, MURRAY GILMAN, M.D., CAROL ELKINS, WAYNE ALEXANDER, M.D., LORRAINE H. SPENCER, GERALD STANTON, JR. M.D., CURTIS LEWIS, M.D., E. CLINTON LAWRENCE, WILLIAM J. CASARELLA, M.D. and MICHAEL C. HILTON, M.D. taken for plaintiff. (aaq) (Entered: 03/12/2001)
Mar. 09, 2001 224 MOTION by plaintiff for continuance pursuant to FRCP 56(f) with regard to his response to defendant Emory University’s motion for summary judgment with brief and affidavit of Edward D. Buckley, III in support. (aaq) (Entered: 03/12/2001)
Mar. 09, 2001 225 Response by plaintiff to defendant Emory’s [205-1] motion for summary judgment with plaintiff’s statement of material facts as to which he contends there exists a genuine issue to be tried, plaintiff’s response to defendant Emory’s statement of material facts as to which there is no genuine issue to be tried, plaintiff’s deposition excerpts (FILED UNDER SEAL) to plaintiff’s statement of material facts as to which he contends there exists a genuine issue to be tried & plaintiff’s response to defendant Emory’s motion for summary judgment and an Index (FILED UNDER SEAL) to plaintiff’s exhibits to defendant Emory’s motion for summary judgment. (***UNSEALED PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 03/12/2001)
Mar. 12, 2001   SUBMITTED to Judge Beverly B. Martin on [205-1] motion for summary judgment (file in chambers) (aaq) (Entered: 03/12/2001)
Mar. 12, 2001 226 TRANSCRIPT of hearing filed RE: for dates of 02/15/01 Court Reporter: Andy Ashley. (aaq) (Entered: 03/13/2001)
Mar. 16, 2001   Steno notes of proceedings held 02/15/01 before Judge Beverly B. Martin, by Court Reporter A. ASHLEY. (aaq) (Entered: 03/16/2001)
Mar. 19, 2001 227 Notice of filing original deposition by plaintiff. (aaq) (Entered: 03/20/2001)
Mar. 19, 2001   Deposition of SAMUEL R. NEWCOM, M.D. taken for plaintiff. (aaq) (Entered: 03/20/2001)
Mar. 22, 2001 228 Joint MOTION by plaintiff James J. Murtagh Jr. and defendant Emory University to extend time for defendant to file a reply brief to their [205-1] motion for summary judgment (aaq) (Entered: 03/23/2001)
Mar. 22, 2001 229 CONSENT ORDER by Judge Beverly B. Martin GRANTING [228-1] joint motion to extend time for defendant to file a reply brief to their [205-1] motion for summary judgment. (See order for specifics.) (cc) (aaq) (Entered: 03/23/2001)
Mar. 27, 2001 230 Unopposed MOTION by plaintiff to correct index with proposed order. (to BBM) (aaq) (Entered: 03/28/2001)
Mar. 29, 2001   SUBMITTED to Judge Beverly B. Martin on [224-1] motion for continuance pursuant to FRCP 56(f) with regard to his response to defendant Emory University’s motion for summary judgment (file in chambers) (aaq) (Entered: 03/29/2001)
Mar. 30, 2001 231 ORDER by Judge Beverly B. Martin GRANTING [230-1] motion to correct index to plaintiff’s exhibits to defendant Emory’s motion for summary judgment. (cc) (aaq) (Entered: 04/02/2001)
Apr. 02, 2001 232 ORDER by Judge Beverly B. Martin denying as moot the [224-1] motion for continuance pursuant to FRCP 56(f) with regard to his response to defendant Emory University’s motion for summary judgment by James J. Murtagh Jr. (cc) (aaq) (Entered: 04/04/2001)
Apr. 13, 2001 233 Joint MOTION by plaintiff James J. Murtagh Jr. and defendants Fulton-Dekalb Hosp and Emory University to extend time to 04/25/01 for plaintiff to file a response to defendant Grady’s 192-1] motion for summary judgment and to supplement his [225-1] response to Emory’s motion for sum jgm and to extend time for Grady and Emory to file their reply briefs to their [205-1] and [192-1] motions summary judgment with proposed order. (aaq) (Entered: 04/16/2001)
Apr. 16, 2001 234 ORDER by Judge Beverly B. Martin GRANTING the [233-1] joint motion to extend time to 04/25/01 for plaintiff to file a response to defendant Grady’s 192-1] motion for summary judgment, GRANTING the [233-2] joint motion to supplement his [225-1] response to Emory’s motion for sum jgm and GRANTING the [233-3] joint motion to extend time for Grady and Emory to file their reply briefs to their [205-1] and [192-1] motions for summary judgment. The time for Grady and Emory to file their reply briefs in support of their motions for sum jgm is extended until 14 calendar days after the filing of petitioner’s response and supplementation. [192-1] motion for summary judgment to be submitted on 4/25/01. (cc) (aaq) (Entered: 04/16/2001)
Apr. 18, 2001 235 ORDER by Judge Beverly B. Martin GRANTING IN PART AND DENYING IN PART defendant Emory’s [183-1] motion to require plaintiff to pay the deposition fee of Dr. Michael Hilton as an expert, DENYING WITHOUT PREJUDICE Grady’s [171-1] motion to strike the affidavit of pla submitted with pla’s [144-1] opposition to Fulton-DeKalb Hospital’s Motion for a protective order and DENYING Grady’s [215-1] motion to strike plaintiff’s [211-1] reply brief in support of his motion to compel. Plaintiff is ORDERED to pay $750.00 (50% of Dr. Hilton’s deposition fee. (cc) (aaq) (Entered: 04/19/2001)
Apr. 18, 2001 236 ORDER by Judge Beverly B. Martin DENYING the [115-1] motion for summary judgment by Fulton-Dekalb Hosp and DENYING WITHOUT PREJUDICE the [165-1] motion to strike the affidavit of plaintiff James J. Murtagh, M.D. by Fulton-Dekalb Hosp. to their ability to raise similar evidentiary objections later in these proceedings. (cc) (aaq) (Entered: 04/19/2001)
Apr. 18, 2001 237 ORDER by Judge Beverly B. Martin DENYING Emory’s [124-1] motion to seal the deposition of William J. Casarella, M.D., GRANTING Grady’s [130-1] motion to seal its emergency motion for sanctions and GRANTING Grady’s [157-1] motion to seal the affidavit of Holly Stevens. Document Nos. 128 and 158 are therefore SEALED. The previously sealed items relating to the emergency motion for sanctions (Doc. Nos. 136,137,141 and 145) including the exhibit submitted at the motion hearing, shall remain sealed. The deposition of Steve Moye, filed on 09/29/00 shall remain sealed. The seal is hereby lifed as to all other items in this case submitted before 01/02/01. Any interested party is ORDERED TO SHOW CAUSE within 14 days of the docketing of this order, as to why items filed under seal or for which a request to seal has been made, filed after 01/02/01 should be placed or remain under seal. (See order for specifics.) [237-1] order to be submitted on 5/7/01 (cc) (aaq) (Entered: 04/19/2001)
Apr. 25, 2001 238 Response by plaintiff to defendant Grady’s [192-1] motion for summary judgment and statement of material facts with plaintiff’s supplemental statement of material facts to which he contends there exists a genuine issue to be tried, deposition excerpts in support of his supplemental statement of material facts and his response to defendant Grady’s statement of facts as to which there is no genuine issue to be tried and plaintiff’s supplemental exhibits to his supplemental statement of material facts as to which he contends there exists a genuine issue to be tried. (***FILED UNDER SEAL***) (***REMAIN UNDER SEAL PURSUANT TO COURT ORDER OF 06/25/01***) (jph) Modified on 06/29/2001 (Entered: 04/26/2001)
Apr. 25, 2001 241 Supplemental Response by plaintiff to defendant Emory’s [205-1] motion for summary judgment with plaintiff’s supplemental responses to defendant Emory’s statement of material facts as to which there is no genuine issue to be tried and plaintiff’s statement of material facts as to whcih he contends there exists a genuine issue to be tried. (***FILED UNDER SEAL***) (***REMAIN UNDER SEAL PURSUANT TO COURT ORDER OF 06/25/01***) (aaq) Modified on 06/29/2001 (Entered: 05/10/2001)
Apr. 26, 2001   SUBMITTED to Judge Beverly B. Martin on [192-1] motion for summary judgment (FILE IN CHAMBERS) (jph) (Entered: 04/26/2001)
Apr. 27, 2001   Proposed Order granting pla’s unopposed motion to refile pla’s supplemental response by plaintiff. (jph) (Entered: 04/30/2001)
Apr. 27, 2001 239 UNOPPOSED MOTION to re-file corrected pleadings with brief in support. (to BBM) (als) (Entered: 04/30/2001)
May 02, 2001 242 MOTION by plaintiff for order allowing pleadings filed by plaintiff with the court on 04/25/01 to remain under seal (aaq) (Entered: 05/10/2001)
May 02, 2001 243 MOTION by defendant Fulton-Dekalb Hosp for reconsideration of the [236-1] order denying their motion for summary judgment or, in the alternative, for certification of immediate appeal with memorandum in support. (aaq) (Entered: 05/10/2001)
May 02, 2001 244 MOTION by defendant Fulton-Dekalb Hosp to retain under seal filings that identify Grady patients, pursuant to the Court’s order of 04/18/01 with memorandum in support. (aaq) (Entered: 05/10/2001)
May 03, 2001 240 ORDER by Judge Beverly B. Martin GRANTING [239-1] motion to re-file corrected pleadings. The Clerk is directed to file the documents set forth herein in file No. 1:99-cv-3157-BBM. (cc) (aaq) (Entered: 05/10/2001)
May 09, 2001 245 Reply brief in support of the [192-1] motion for summary judgment by defendant Fulton-Dekalb Hosp (Grady). (aaq) (Entered: 05/10/2001)
May 09, 2001 246 Reply brief in support of the [205-1] motion for summary judgment by defendant Emory University with deposition excerpts. (aaq) Modified on 05/10/2001 (Entered: 05/10/2001)
May 09, 2001 247 Notice of filing original depositions by defendant Emory University and request for filing of original deposition. (aaq) (Entered: 05/10/2001)
May 09, 2001   Depositions of LAWRENCE J. GIUSTRA, M.D. and PHILIP T. NINAN, M.D. and video deposition of JAMES J. MURTAGH, JR., M.D (VOLS. I, II and III) and THOMAS WILLIAM GABEL, M.D. taken for defendant Emory University. (aaq) (Entered: 05/10/2001)
May 10, 2001   SUBMITTED to Judge Beverly B. Martin on [192-1] motion for summary judgment and [205-1] motion for summary judgment (file in chambers) (aaq) (Entered: 05/10/2001)
May 14, 2001   SUBMITTED to Judge Beverly B. Martin on [237-1] order (file in chambers) (aaq) (Entered: 05/14/2001)
May 18, 2001 248 Response by plaintiff to defendant Fulton-DeKalb’s [244-1] motion to retain under seal filings that identify Grady patients, pursuant to the Court’s order of 04/18/01. (aaq) (Entered: 05/21/2001)
May 21, 2001 249 Memorandum by plaintiff in opposition to defendant Fulton-DeKalb’s [243-1] motion for reconsideration of the [236-1] order denying their motion for summary judgment. (aaq) (Entered: 05/21/2001)
May 21, 2001   SUBMITTED to Judge Beverly B. Martin on the [244-1] motion to retain under seal filings that identify Grady patients, pursuant to the Court’s order of 04/18/01 and [243-1] motion for reconsideration of the [236-1] order denying their motion for summary judgment. (file in chambers) (aaq) (Entered: 05/21/2001)
May 22, 2001 250 Objection by plaintiff to evidence submitted by defendant Emory in support of its [246-1] reply brief with brief in support (aaq) Modified on 05/23/2001 (Entered: 05/23/2001)
May 22, 2001 250 MOTION by plaintiff for leave to file a response to defendant Emory’s evidence filed in support of Emory’s reply brief with brief in support. (aaq) Modified on 05/23/2001 (Entered: 05/23/2001)
May 23, 2001   SUBMITTED to Judge Beverly B. Martin on [242-1] motion for order allowing pleadings filed by plaintiff with the court on 04/25/01 to remain under seal (file in chambers) (aaq) (Entered: 05/23/2001)
May 23, 2001 251 Notice of filing original deposition by plaintiff. (aaq) (Entered: 05/23/2001)
May 23, 2001   Deposition of CHRISTINE DIANNE LALLOS, M.D. taken for plaintiff. (aaq) (Entered: 05/23/2001)
May 29, 2001   SUBMITTED to Judge Beverly B. Martin on [243-2] motion for certification of immediate appeal (file in chambers) (aaq) (Entered: 05/29/2001)
June 05, 2001 252 ORDER by Judge Beverly B. Martin DENYING the [243-1] motion for reconsideration of the [236-1] order denying their motion for summary judgment and the [243-2] motion for certification of immediate appeal by Fulton-Dekalb Hospital. (cc) (aaq) (Entered: 06/06/2001)
June 05, 2001 253 ORDER by Judge Beverly B. Martin DENYING the [192-1] motion for summary judgment by Fulton-Dekalb Hosp, DENYING the [205-1] motion for summary judgment by Emory University and DENYING AS MOOT the [250-1] motion for leave to file a response to defendant Emory’s evidence filed in support of Emory’s brief by James J. Murtagh Jr. The parties shall file their pre-trial order no later than 07/09/01. Pre-trial order due on 7/9/01. Filing or any request to reconsider shall not toll or otherwise delay the deadline for filing the PTO. The parties will receive shortly a notice setting this case for trial. The court invites the parties to consider mediation (but will not require it). (cc) (aaq) (Entered: 06/06/2001)
June 07, 2001 254 NOTICE by CRD, jury trial set to begin on 8/13/01 at 9:30 a.m. (cc by CRD) (aaq) (Entered: 06/08/2001)
June 21, 2001 255 Second Supplemental ANSWERS TO INITIAL DISCLOSURES by defendant Fulton-Dekalb Hospital. (aaq) (Entered: 06/22/2001)
June 25, 2001 256 ORDER by Judge Beverly B. Martin GRANTING Fulton-DeKalb’s [193-1] motion to seal its motion for summary judgment, brief in support and statement of facts, DENYING Emory’s [198-1] motion to seal their motion for a protective order and the brief in support, DENYING Emory’s [206-1] motion to seal the motion for summary judgment, the memorandum in support and the statement of material facts, GRANTING Fulton-DelKalb’s [209-1] motion to seal its’ [208-1] response, GRANTING plaintiff’s [242-1] motion for order allowing pleadings filed by plaintiff with the court on 04/25/01 to remain under seal and GRANTING Fulton-DelKalb’s [244-1] motion to retain under seal filings that identify Grady patients, pursuant to the Court’s order of 04/18/01. It has not been shown that the following sealed pleadings or portions of pleadings (identified in the court’s order of April 18) should remain under seal; Doc. Nos. 195, 196, 204, 225. The seal is hereby lifted as to the entirety of these pleadings. (cc) (aaq) (Entered: 06/26/2001)
June 26, 2001 257 NOTICE by CRD, any motions in limine must be filed two weeks prior to the 08/13/01 trial date, with responses due no later than seven calendar days thereafter. (cc by CRD) (aaq) (Entered: 06/27/2001)
July 06, 2001   Proposed Consent Order by plaintiff James J. Murtagh Jr. and defendants Fulton-Dekalb Hospital and Emory University extending time for parties to file the Cosolidated PTO. (to BBM) (aaq) (Entered: 07/09/2001)
July 06, 2001 258 CONSENT ORDER by Judge Beverly B. Martin, extending time to 07/18/01 for parties to file the Consolidated Pretrial Order. Consolidated Pre-trial order due on 07/18/01. (cc) (aaq) (Entered: 07/09/2001)
July 09, 2001 259 Notice of filing an Opposition to James E. Voyles’ request that no matter be calendared during his leave of absence by defendant Fulton-Dekalb Hosp. (aaq) (Entered: 07/10/2001)
July 10, 2001 260 ORDER by Judge Beverly B. Martin DENYING plaintiff’s lawyer, James E. Voyles’ letter request that no matters be calendared during his approved leave of absence from 08/02/01 to 08/12/01. This would not appear to prejudice the plaintiff as he is represented by other attorneys. (cc) (aaq) (Entered: 07/11/2001)
July 16, 2001   Terminated submissions. (pdw) (Entered: 07/16/2001)
July 16, 2001 261 Response by plaintiff to defendant Grady’s [259-1] Opposition to James E. Voyles’ Request that no matters be calendared during his leave of absence. (aaq) (Entered: 07/17/2001)
July 18, 2001 262 CONSENT ORDER by Judge Beverly B. Martin, extending time to 07/26/01 for parties to file their pre-trial order. Pre-trial order due on 7/26/01. (cc) (aaq) (Entered: 07/20/2001)
Aug. 15, 2001 263 Stipulation by plaintiff Murtagh and defendants Fulton-DeKalb Hospital and Emory University and approved by deputy clerk as per directions from chambers, dismissing this action with prejudice. The parties shall bear their own costs. (aaq) Modified on 08/21/2001 (Entered: 08/17/2001)
Aug. 15, 2001   Case terminated. (aaq) (Entered: 08/21/2001)
Feb. 21, 2002   Sealed document order to the judge (ldn) (Entered: 02/21/2002)
Mar. 12, 2002 264 ORDER by Judge Beverly B. Martin DIRECTING the Clerk to return the sealed material in this matter to the submitting party. (cc) (aaq) (Entered: 03/13/2002)
Mar. 22, 2002   Atty. Stewart Alan Anshell’s copy of the [264-1] order returned undeliverable. Marked: Forward time expired, return to sender. (aaq) (Entered: 03/25/2002)
Apr. 12, 2002   Sealed material signed for by defendants’ attorneys. King & Spalding (03/25/02) and Malcolm & Schroeder (04/05/02). (aaq) (Entered: 04/12/2002)
Apr. 12, 2002   Sealed material signed for by Office of State Attorney General on 04/12/02. (aaq) (Entered: 04/12/2002)
Apr. 16, 2002   Plaintiff’s sealed documents destroyed pursuant to telephone conversation on 03/25/02 with Charles Bliss of Buckley & Klein for Edward Buckley, III, attorney of record for plaintiff. (aaq) (Entered: 04/16/2002)
Apr. 16, 2002   Sealed material for defendant Fulton-DeKalb signed for by Alston & Bird on 03/20/02. (aaq) (Entered: 04/16/2002)
Apr. 23, 2002 265 ORDER by Judge Beverly B. Martin, DIRECTING counsel for parties to show cause, in writing, within 15 days why the transcript and court reporter’s notes of proceedings had on 11/21/00 should not be unsealed so the Clerk’s Office can transfer the entire case file to the Federal Records Center for storage. In the absence of a response, the clerk is directed to unseal the transcript and notes. Unseal docs if no response filed by 05/13/02 on the [265-1] order. (cc) (aaq) (Entered: 04/24/2002)
Apr. 30, 2002   Atty. Stewart Alan Anshell’s copy of the [265-1] order returned undeliverable. Marked: Return to sender, forward time expired. (aaq) (Entered: 05/01/2002)
June 05, 2002   [0-0] stenographer notes and [168-1] transcript of proceedings held on 11/21/00 UNSEALED PURSUANT TO [265-1] order DIRECTING counsel for parties to show cause, in writing, within 15 days why the transcript and court reporter’s of proceedings had on 11/21/00 should not be unsealed so Clerk’s Office can transfer the entire case file to the Federal Records Center for storage. (aaq) (Entered: 06/05/2002)