Case Details

CourtSouthern District of California
Docket number3:97-cv-00350
Date case filed1997-02-28
Date case closed1999-09-10
Date of latest filing
Assigned toJudge Rudi M. Brewster
Case cause28:2671 Federal Tort Claims Act
Nature of suit330 Federal Employer's Liability
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: Newell Netsch
Party type: Plaintiff
Attorney name: James P Tessier
Attorney Contact:
OReilly and Collins
2500 Sand Hill Road
Suite 201
Menlo Park, CA 94025-7063
(415)854-7700
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Estate of Lisa Netsch
Party type: Plaintiff
Attorney name: James P Tessier
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Elizabeth Netsch
Party type: Plaintiff
Attorney name: James P Tessier
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: United States of America
Party type: Defendant
Attorney name: Fernando Campoamor
Attorney Contact:
United States Department of Justice
Torts Branch, Civil Division
P O Box 14271
Washington, DC 20044-4271
(202)616-4049
Fax: (202)616-4002
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DOES
Party type: Defendant
1 through 100
Party: United States Department of Agriculture, National Forest Service
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
11997-02-28 Original file, certified copy of transfer order and docket sheet received from U.S. District Court Central District referred to Judge Rudi M. Brewster (dkt clerk) (Entered: 03/12/1997)
21997-04-07 Minutes: Enter Order by Judge Rudi M. Brewster: pursuant to the stipulation and order issued in the Central Dist of California on 2/7/97, where the actions were initiated, the actions are consolidated for all purposes; the "lead" case will be Cockrell v. United States, 97-0281-B (AJB); all pleadings and other documents shall indicate both case numbers as well as the consolidated nature of the action; the caption in a filing in the Netsch action should read: Civil Case No. 97-0350-B (AJB) consolidated with Civil 97-0281-B(AJB); all further docketing shall be done in 97-0281-B (AJB) (cc: all counsel) Court Reporter: L. Moore (dkt clerk) (Entered: 04/14/1997)
31997-05-13 Minutes: Enter Order by Magistrate Anthony J. Battaglia vacating [8-1] motion for order compelling further responses to discovery from defendant United States of America in 3:97-cv-00281, vacating [8-2] motion for attorney fees and reasonable expenses in 3:97-cv-00281; parties have resolved the discovery dispute (cc: all counsel) (bar) (Entered: 05/16/1997)
41997-05-14 Supplemental memorandum by plaintiff Peggy Cockrell in 3:97-cv-00281, defendant USA in 3:97-cv-00281 to motion motion for order compelling further responses to discovery from defendant United States of America [8-1] in 3:97-cv-00281, to motion motion for attorney fees and reasonable expenses [8-2] in 3:97-cv-00281; t/w prf svc (bar) (Entered: 05/16/1997)
51998-05-01 Order by Magistrate Anthony J. Battaglia Case referred to Magistrate John A. Houston (cc: all counsel) (bar) (Entered: 05/07/1998)
61999-09-10 Supplemental Findings of fact and conclusions of law by Judge Rudi M. Brewster; The Court finds Plaintiff Peggy Cockrell sustained damages of $2,500,000.00 for the economic aspect of her general claim for loss of care, comfort, and companionship of decedent Gary Cockrell. Plaintiff Peggy Cockrell and Defendant United States of America stipulated that the amount of special damages suffered by Plaintiff Peggy Cockrell is $1,866,112.00. The Court finds Plaintiff Peggy Cockrell sustained a total of $4,366,112.00 in damages. Plaintiffs Newell Netsch and Elizabeth Netsch are the sole heirs of decedent Lisa Netsch. The Court finds Plaintiffs Newell Netsch and Elizabeth Netsch sustained damages of $5,000,000.00 each for the economic aspect of their general damages claim for loss of care comfort, and companionship of decedent Lisa Netsch. The Court finds Plaintiffs Newell Netsch and Elizabeth Netsch sustained a total of $1,000,000.00 in damages.The Court, having previously consolidated the above-entitled cases, now separates the cases for the purpose of entering final judgment. The Court shall forthwith enter judgment in both cases in separate orders.(Original docketed in lead case) (axr) (Entered: 09/10/1999)
71999-09-10 Final Judgment: by Judge Rudi M. Brewster; The Court having entered its FINDINGS OF FACT and CONCLUSIONS OF LAW in this case, and the ESTATE OF Gary Cockrell having been previously dismissed as a plaintiff without prejudice, the crt now orders that plaintiffs Peggy Cockrell should have and recover from defendant the USA the total sum of $4,366,112.00 plus costs according to proof; terminating case (3:97-cv-00350) (axr) Modified on 09/10/1999 (Entered: 09/10/1999)
81999-10-25 Notice of entry of judgment by plaintiff Newell Netsch, plaintiff Estate of Lisa Netsc, plaintiff Elizabeth Netsch; On 9/10/99 Final judgment was entered in favor of plaintiffs Newell Netsch and Elizabeth Netsch and against defendant USA in the total sum of $1,000,000.00, plus costs according to proof (axr) Modified on 10/25/1999 (Entered: 10/25/1999)