Case Details

CourtDistrict of South Carolina
Docket number9:13-cv-02026
Date case filed2013-07-23
Date case closed2015-01-27
Date of latest filing
Assigned toHonorable David C Norton
Case cause28:2271 Federal Tort Claims Act
Nature of suit350 Motor Vehicle
Jury demandDefendant
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: Jonas Armstrong
Party type: Plaintiff
Attorney name: Paul H Infinger
Attorney Contact:
Paul H Infinger Law Office
PO Box 1537
Beaufort, SC 29901
843-521-5015
Fax: 843-521-5042
Email: paulinfinger@embarqmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas R Goldstein
Attorney Contact:
Belk Cobb Infinger and Goldstein
PO Box 71121
Charleston, SC 29415-1121
843-554-4291
Fax: 843-554-5566
Email: tgoldstein@cobblaw.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Case Pro Incorporated
Party type: Cross Claimant
Attorney name: Dennis Gary Lovell , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Douglas Walker MacKelcan , III
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: United States Naval Hospital, The
Party type: Cross Defendant
Attorney name: Lee Ellis Berlinsky
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: United States of America, The
Party type: Cross Defendant
Attorney name: Lee Ellis Berlinsky
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: South Carolina Division of Veterans Affairs, The
Party type: Defendant
Attorney name: Ernest Mitchell Griffith
Attorney Contact:
Griffith Sadler and Sharp
PO Box 570
Beaufort, SC 29901
843-521-4242
Fax: 843-521-4247
Email: mgriffith@griffithsadlersharp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael D Freeman
Attorney Contact:
Griffith Sadler and Sharp
600 Monson St
Beaufort, SC 29901
843-521-4242
Fax: 843-521-4247
Email: mfreeman@griffithsharp.com
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-07-23 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-4841314.), filed by Jonas Armstrong.Service due by 11/25/2013(jbry, ) (Entered: 07/24/2013)
22013-07-23 Local Rule 26.01 Answers to Interrogatories by Jonas Armstrong.(jbry, ) (Entered: 07/24/2013)
32013-07-23 Summons Issued as to United States Naval Hospital, The, United States of America, The. U.S. Attorney and U.S. Attorney General. (jbry, ) (Entered: 07/24/2013)
42013-07-23 Summons Issued as to Case Pro Incorporated, South Carolina Division of Veterans Affairs, The. (jbry, ) (Entered: 07/24/2013)
62013-08-07 SUMMONS Returned Executed by Jonas Armstrong. Case Pro Incorporated served on 7/29/2013, answer due 8/19/2013. Refiled to correct event type (jbry, ) (Entered: 08/07/2013)
72013-08-07 SUMMONS Returned Executed by Jonas Armstrong. South Carolina Division of Veterans Affairs, The served on 7/29/2013, answer due 9/27/2013; United States Naval Hospital, The served on 7/29/2013, answer due 9/27/2013; United States of America, The served on 7/29/2013, answer due 9/27/2013. Refiled to correct event type (jbry, ) (Entered: 08/07/2013)
82013-08-16 ANSWER to 1 Complaint , CROSSCLAIM against United States Naval Hospital, The, United States of America, The by Case Pro Incorporated.(MacKelcan, Douglas) (Entered: 08/16/2013)
92013-08-16 Local Rule 26.01 Answers to Interrogatories by Case Pro Incorporated.(MacKelcan, Douglas) (Entered: 08/16/2013)
112013-08-26 ANSWER to 1 Complaint by South Carolina Division of Veterans Affairs, The. (Attachments: # 1 LR 26.01 Answers)(Griffith, Ernest) Modified on 8/27/2013 to remove attachment and file separately as document #12 (jbry, ). (Entered: 08/26/2013)
122013-08-26 Local Rule 26.01 Answers to Interrogatories by South Carolina Division of Veterans Affairs, The. Attachment in entry #11 refiled separately.(jbry, ) (Entered: 08/27/2013)
142013-09-05 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 9/27/2013, 26(a) Initial Disclosures due by 10/10/2013, Rule 26 Report due by 10/10/2013, Motions to Amend Pleadings due by 10/30/2013, Plaintiffs ID of Expert Witness due by 10/15/2013, Defendants ID of Expert Witnesses Due by 11/15/2013, Discovery due by 12/16/2013, Motions due by 1/9/2014, Jury Selection Deadline 3/1/2014, ADR Statement due by 1/29/2014, Mediation Due by 2/28/2014, Signed by Honorable David C Norton on 9/5/2013. (jbry, ) (Entered: 09/05/2013)
152013-09-09 CERTIFICATE OF SERVICE by Jonas Armstrong (Goldstein, Thomas) (Entered: 09/09/2013)
162013-09-16 ANSWER to 1 Complaint by United States Naval Hospital, The, United States of America, The.(Berlinsky, Lee) (Main Document 16 replaced on 9/16/2013) (jbry, ). Modified on 9/16/2013 to correct case number on document as verified by filing user (jbry, ). (Entered: 09/16/2013)
172013-09-16 Local Rule 26.01 Answers to Interrogatories by United States Naval Hospital, The, United States of America, The.(Berlinsky, Lee) (Main Document 17 replaced on 9/16/2013) (jbry, ). Modified on 9/16/2013 to correct case number on document as verified by filing user (jbry, ). (Entered: 09/16/2013)
182013-10-10 MOTION for Extension of Time by Case Pro Incorporated. Response to Motion due by 10/28/2013. No proposed order.(MacKelcan, Douglas) (Main Document 18 replaced on 10/11/2013) (jbry, ). Modified on 10/11/2013 to replace with corrected document provided by filing user (jbry, ). (Entered: 10/10/2013)
192013-10-15 ORDER granting 18 Motion for Extension of Time. All current deadlines for the parties are extended commensurate with the duration of the lapse of appropriations. Signed by Honorable David C Norton on 10/15/2013.(jbry, ) (Entered: 10/15/2013)
202013-11-08 NOTICE of Hearing: Bar Meeting set for Monday, 11/25/2013 at 10:00 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable David C Norton. Jury Selection set for Thursday, 1/16/2014 at 9:30 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable David C Norton (jbry, ) (Entered: 11/08/2013)
212013-11-12 Joint Rule 26(f) Report by Case Pro Incorporated. (Attachments: # 1 Exhibit Scheduling Order, # 2 LR 26.03 Answers LR 26.03 Answers and Joint Report)(MacKelcan, Douglas) (Main Document 21 replaced on 11/13/2013) (jbry, ). (Attachment 1 replaced on 11/13/2013) (jbry, ). Modified on 11/13/2013 to replace incorrect documents with corrected documents as provided filing user and to remove attachment and file separately as document #22 (jbry, ). (Entered: 11/12/2013)
222013-11-12 Local Rule 26.03 Answers to Interrogatories by Jonas Armstrong, Case Pro Incorporated, South Carolina Division of Veterans Affairs, The, United States Naval Hospital, The, United States of America, The. Attachment from entry #21 removed and filed separately(jbry, ) (Entered: 11/13/2013)
232013-11-13 AMENDED SCHEDULING ORDER 26(a) Initial Disclosures due by 11/30/2013, Rule 26 Report due by 11/30/2013, Motions to Amend Pleadings due by 12/15/2013, Plaintiffs ID of Expert Witness due by 1/15/2014, Defendants ID of Expert Witnesses Due by 2/15/2014, Discovery due by 4/16/2014, Motions due by 6/1/2014, Bench Trial Deadline 9/1/2014, ADR Statement due by 7/2/2014, Mediation Due by 8/1/2014, Signed by Honorable David C Norton on 11/13/2013. (jbry, ) (Entered: 11/13/2013)
242013-11-19 MOTION to Dismiss for Lack of Jurisdiction The Cross-Claim Filed Against The United States By CasePro, Inc. by United States Naval Hospital, The, United States of America, The. Response to Motion due by 12/6/2013. (Attachments: # 1 Memo in Support)No proposed order.(Berlinsky, Lee) (Entered: 11/19/2013)
252013-11-25 Minute Entry. Proceedings held before Honorable David C Norton: Bar Meeting held on 11/25/2013. Court Reporter Debbie Potocki. Case continued until the next term. (jbry, ) (Entered: 11/25/2013)
262013-12-05 RESPONSE in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction The Cross-Claim Filed Against The United States By CasePro, Inc. Response filed by Case Pro Incorporated.Reply to Response to Motion due by 12/16/2013 (Attachments: # 1 Exhibit : Contract)(MacKelcan, Douglas) (Entered: 12/05/2013)
272013-12-13 TEXT ORDER lifting stay. Signed by Honorable David C Norton on 12/13/2013. (eric, ) (Entered: 12/13/2013)
282013-12-13 NOTICE of Hearing on Motion 24 MOTION to Dismiss for Lack of Jurisdiction The Cross-Claim Filed Against The United States By CasePro, Inc. : Motion Hearing set for Tuesday, 1/14/2014 at 11:00 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable David C Norton. (jbry, ) (Entered: 12/13/2013)
292013-12-16 REPLY to Response to Motion re 24 MOTION to Dismiss for Lack of Jurisdiction The Cross-Claim Filed Against The United States By CasePro, Inc. Response filed by United States of America, The. (Berlinsky, Lee) (Entered: 12/16/2013)
302014-01-14 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 1/14/2014 granting in part and denying in part 24 Motion to Dismiss for Lack of Jurisdiction; The Court has requested further briefing from the parties to be submitted to Judge Norton's Chambers for review and consideration. Court Reporter Amy Diaz. (cmur, ) (Entered: 01/14/2014)
312014-02-05 JOINT STIPULATION by United States of America, The, United States Naval Hospital, The, Case Pro Incorporated. (Berlinsky, Lee) Modified on 2/5/2014 to add filers listed on document (jbry, ). (Entered: 02/05/2014)
322014-04-11 Consent MOTION to Amend/Correct 23 Scheduling Order, by Case Pro Incorporated, United States Naval Hospital, The, United States of America, The, South Carolina Division of Veterans Affairs, The, Jonas Armstrong. Response to Motion due by 4/28/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(MacKelcan, Douglas) Modified on 4/11/2014 to add filers listed on document (jbry, ). (Entered: 04/11/2014)
332014-04-14 SECOND AMENDED SCHEDULING ORDER( Plaintiffs ID of Expert Witness due by 5/15/2014, Defendants ID of Expert Witnesses Due by 6/15/2014, Discovery due by 7/15/2014, Motions due by 8/15/2014, Bench Trial Deadline 10/2/2014, ADR Statement due by 8/1/2014, Mediation Due by 9/1/2014), Motions terminated: 32 Consent MOTION to Amend/Correct 23 Scheduling Order, filed by United States Naval Hospital, The, South Carolina Division of Veterans Affairs, The, Jonas Armstrong, United States of America, The, Case Pro Incorporated. Signed by Honorable David C Norton on 4/14/2014. (jbry, ) (Entered: 04/14/2014)
342014-05-14 MOTION to Amend/Correct by Case Pro Incorporated. Response to Motion due by 6/2/2014. (Attachments: # 1 Proposed Order Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(MacKelcan, Douglas) (Entered: 05/14/2014)
352014-05-20 AMENDED SCHEDULING ORDER( Motions to Amend Pleadings due by 7/28/2014, Plaintiffs ID of Expert Witness due by 7/15/2014, Defendants ID of Expert Witnesses Due by 8/16/2014, Discovery due by 9/16/2014, Motions due by 10/8/2014, Jury Selection Deadline 12/1/2014, ADR Statement due by 10/31/2014, Mediation Due by 11/30/2014), Motions terminated: 34 MOTION to Amend/Correct filed by Case Pro Incorporated. Signed by Honorable David C Norton on 5/20/2014. (jbry, ) (Entered: 05/20/2014)
362014-08-26 MOTION for Summary Judgment by South Carolina Division of Veterans Affairs, The. Response to Motion due by 9/12/2014. (Attachments: # 1 Memo in Support of Summary Judgment, # 2 Exhibit A: NCIS Interview of Edward Ray dated March 2, 2012, # 3 Exhibit B: USMC Involuntary Appellate Leave/Transfer dated August 18, 2011, # 4 Exhibit C: Affidavits of Carl Wedler and Howard Metcalf, # 5 Exhibit Complaint)No proposed order.(Freeman, Michael) (Entered: 08/26/2014)
372014-09-09 MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by Jonas Armstrong, South Carolina Division of Veterans Affairs, The. Response to Motion due by 9/26/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Infinger, Paul) Modified on 9/10/2014 to add filer listed on document (jbry, ). (Entered: 09/09/2014)
382014-09-10 Consent MOTION for Confidentiality Order by Jonas Armstrong, Case Pro Incorporated, South Carolina Division of Veterans Affairs, The, United States Naval Hospital, The, United States of America, The. Response to Motion due by 9/29/2014. (Attachments: # 1 Exhibit Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(MacKelcan, Douglas) (Entered: 09/10/2014)
392014-09-11 ORDER granting 38 Motion for Confidentiality Order Signed by Honorable David C Norton on 9/11/2014.(jbry, ) (Entered: 09/11/2014)
402014-09-12 ORDER granting 37 Motion for Extension of Time to File Response/Reply re 36 MOTION for Summary Judgment Response to Motion due by 10/14/2014. Signed by Honorable David C Norton on 9/12/2014.(jbry, ) (Entered: 09/12/2014)
412014-10-09 NOTICE of Request for Protection from Court Appearance by Dennis Gary Lovell, Jr for December 22, 2014 - January 9, 2015 (Lovell, Dennis) (Entered: 10/09/2014)
422014-10-10 TEXT ORDER granting protection from court appearances to Dennis Gary Lovell, Jr. for 12/22/2014-1/9/2015. Signed by Honorable David C Norton on 10/10/2014. (eric, ) (Entered: 10/10/2014)
432014-10-14 RESPONSE in Opposition re 36 MOTION for Summary Judgment Response filed by Jonas Armstrong.Reply to Response to Motion due by 10/24/2014 (Attachments: # 1 Exhibit 1 Def Beaufort County response to Plaintiff Delaney request for admissions, # 2 Exhibit 2 Veterans Affairs answers to Plaintiff Delaney Interrogatories, # 3 Exhibit 3 Ed Rays statement of the Hunt affair, # 4 Exhibit 4 Portion of Koren Pope Deposition, # 5 Exhibit 5 Portion of Saundra Smith Deposition, # 6 Exhibit 6 Portion of Janice McDonald Deposition, # 7 Exhibit 7 VA workers papers, # 8 Exhibit 8 Affidavit of Paul Infinger, # 9 Exhibit 9 Portion of Janice McDonald Deposition)(Infinger, Paul) Modified on 10/15/2014 to add descriptions to exhibits (jbry, ). (Entered: 10/14/2014)
442014-10-15 NOTICE of Hearing on Motions (36 in 9:13-cv-02026-DCN) MOTION for Summary Judgment , (35 in 9:13-cv-03394-DCN) MOTION for Summary Judgment , (36 in 9:14-cv-00289-DCN) MOTION for Summary Judgment , (34 in 9:13-cv-03395-DCN) MOTION for Summary Judgment : Motion Hearing set for Thursday, 11/6/2014 at 11:00 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 9:13-cv-02026-DCN, 9:13-cv-03394-DCN, 9:13-cv-03395-DCN, 9:14-cv-00289-DCN(jbry, ) (Entered: 10/15/2014)
452014-10-17 MOTION to Amend/Correct 35 Scheduling Order, Terminate Motions,,,, by Case Pro Incorporated. Response to Motion due by 11/3/2014. (Attachments: # 1 Exhibit Proposed Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(MacKelcan, Douglas) (Entered: 10/17/2014)
462014-10-20 SECOND AMENDED SCHEDULING ORDER( Plaintiffs ID of Expert Witness due by 12/19/2014, Defendants ID of Expert Witnesses Due by 1/16/2015, Discovery due by 3/18/2015, Motions due by 4/3/2015, Jury Selection Deadline 6/1/2015, ADR Statement due by 4/1/2015, Mediation Due by 5/1/2015), Motions terminated: 45 MOTION to Amend/Correct 35 Scheduling Order, Terminate Motions, filed by Case Pro Incorporated. Signed by Honorable David C Norton on 10/20/2014. (jbry, ) (Entered: 10/21/2014)
472014-11-05 NOTICE of Hearing: Bar Meeting set for Tuesday, 12/2/2014 at 10:30 AM in Charleston Courtroom #2, US Court House, 81 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 9:13-cv-02026-DCN, 9:13-cv-03394-DCN, 9:13-cv-03395-DCN, 9:14-cv-00289-DCN(jbry, ) (Entered: 11/05/2014)
482014-11-06 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 11/6/2014 re 36 MOTION for Summary Judgment filed by South Carolina Division of Veterans Affairs, The. The Court will issue an order. Court Reporter Jack Bryan, Court Smart. (cmur, ) (Entered: 11/06/2014)
492014-11-14 MOTION to Dismiss for Lack of Jurisdiction ; In The Alternative, Motion To Dismiss For Failure To State A Claim, FRCP 12(b)(6) by United States Naval Hospital, The, United States of America, The. Response to Motion due by 12/4/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit Contract Exceprt, # 3 Exhibit Deposition Excerpt: C. Jansen, # 4 Exhibit Deposition Excerpt: Joe McDonald, # 5 Exhibit Deposition Excerpt: Janice McDonald, # 6 Exhibit Deposition Excerpt: A. Manning)No proposed order.(Berlinsky, Lee) (Entered: 11/14/2014)
502014-11-18 NOTICE of Cancellation of Hearing: Bar Meeting set for Tuesday, 12/2/2014 at 10:30 AM Associated Cases: 9:13-cv-02026-DCN, 9:13-cv-03394-DCN, 9:13-cv-03395-DCN, 9:14-cv-00289-DCN(jbry, ) (Entered: 11/18/2014)
512014-11-25 MOTION for Extension of Time , MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Lack of Jurisdiction ; In The Alternative, Motion To Dismiss For Failure To State A Claim, FRCP 12(b)(6) ( Response to Motion due by 12/12/2014.) by Jonas Armstrong. Proposed order is being emailed to chambers with copy to opposing counsel.(Infinger, Paul) (Entered: 11/25/2014)
522014-11-25 ORDER granting 51 Motion for Extension of Time; granting 51 Motion for Extension of Time to File Response/Reply re 49 MOTION to Dismiss for Lack of Jurisdiction ; In The Alternative, Motion To Dismiss For Failure To State A Claim, FRCP 12(b)(6) ( Response to Motion due by 1/10/2015.) Signed by Honorable David C Norton on 11/25/2014.(eric, ) (Entered: 11/25/2014)
532014-12-02 Minute Entry. Proceedings held before Honorable David C Norton: Bar Meeting held on 12/2/2014. Case continued to next term of court. Court Reporter Amy Diaz. Associated Cases: 9:13-cv-02026-DCN, 9:13-cv-03394-DCN, 9:13-cv-03395-DCN, 9:14-cv-00289-DCN(cmur, ) (Entered: 12/02/2014)
542015-01-06 MOTION for Summary Judgment by Case Pro Incorporated. Response to Motion due by 1/23/2015. (Attachments: # 1 Memo in Support Memorandum in Support, # 2 Exhibit Depo of Smith, # 3 Exhibit Contract, # 4 Exhibit Depo of Janice McDonald, # 5 Exhibit ER Doctor Record, # 6 Exhibit NAVHOSP Instruction, # 7 Exhibit Depo of Manning, # 8 Exhibit Dr Jansen Note, # 9 Exhibit Depo of Hendleman, # 10 Exhibit Depo of Joe McDonald, # 11 Exhibit Depo of Pope, # 12 Exhibit Depo of Jansen, # 13 Exhibit Depo of McCabe)No proposed order.(MacKelcan, Douglas) (Entered: 01/06/2015)
552015-01-06 RESPONSE in Opposition re 49 MOTION to Dismiss for Lack of Jurisdiction ; In The Alternative, Motion To Dismiss For Failure To State A Claim, FRCP 12(b)(6) Response filed by Jonas Armstrong.Reply to Response to Motion due by 1/16/2015 (Goldstein, Thomas) (Entered: 01/06/2015)
562015-01-15 MOTION for Extension of Time to File Response/Reply by Jonas Armstrong. Response to Motion due by 2/2/2015. Proposed order is being emailed to chambers with copy to opposing counsel.(Infinger, Paul) (Entered: 01/15/2015)
572015-01-15 ORDER granting 56 Motion for Extension of Time to File Response/Reply re 54 MOTION for Summary Judgment. Response to Motion due by 2/16/2015. Signed by Honorable David C Norton on 1/15/2015.(jbry, ) (Entered: 01/15/2015)
582015-01-27 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable David C Norton on 1/27/2015. (jbry, ) (Entered: 01/27/2015)