Kansas District Court
Judge:Carlos Murguia
Referred: Teresa J James
Case #: 2:17-cv-02167
Nature of Suit362 Torts - Personal Injury - Medical Malpractice
Cause28:1346 Tort Claim
Case Filed:Mar 21, 2017
Terminated:Jan 31, 2020
Last checked: Sunday Sep 17, 2017 4:03 AM CDT
Defendant
Mark E. Wisner
641 East 8th Street
Horton, KS 66439
Defendant
United States of America
Represented By
Sarah Haston
Doj-Civ
contact info
Virginia Jackson Elliott
U.S. Department Of Justice - Torts Branch
contact info
Plaintiff
John Doe KC
Represented By
Sarah A. Brown
Brown & Curry, LLC
contact info
Daniel G. Curry
Brown & Curry, LLC
contact info

GPO Dec 13 2017
MEMORANDUM AND ORDER granting in part and denying in part 24 Motion to Dismiss for Lack of Jurisdiction. The motion is granted as to Count IV, and some of plaintiff's claims may be time-barred. The motion is denied in all other respects. Signed by District Judge Carlos Murguia on 12/13/17. Mailed to pro se party Mark Wisner by regular mail. (kao)

Docket last updated: 5 hours ago
Friday, January 31, 2020
32 32 1 pgs order Order on Motion to Dismiss Fri 01/31 7:16 PM
ORDER granting31 MOTION FOR DISMISSAL WITH PREJUDICE. This case is closed. Signed by District Judge Carlos Murguia on 1/31/2020. Mailed to pro se party Mark E. Wisner by regular mail. (jsh)
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Wednesday, January 08, 2020
31 31 motion Dismiss Wed 01/08 1:27 PM
Unopposed MOTION to Dismiss With Prejudice by Plaintiff John Doe KC (Curry, Daniel)
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Friday, December 22, 2017
30 30 answer Answer to Amended Complaint Fri 12/22 9:38 AM
ANSWER to22 Amended Complaint by United States of America.(Haston, Sarah)
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Wednesday, December 13, 2017
29 29 4 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Wed 12/13 4:19 PM
MEMORANDUM AND ORDER granting in part and denying in part24 Motion to Dismiss for Lack of Jurisdiction. The motion is granted as to Count IV, and some of plaintiff's claims may be time-barred. The motion is denied in all other respects. Signed by District Judge Carlos Murguia on 12/13/17. Mailed to pro se party Mark Wisner by regular mail. (kao)
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Friday, December 01, 2017
28 28 misc Entry of Appearance Fri 12/01 4:05 PM
ENTRY OF APPEARANCE by Chris Benson on behalf of United States of America (Benson, Chris)
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Monday, November 27, 2017
27 27 respm Reply to Response to Motion Mon 11/27 1:57 PM
REPLY TO RESPONSE TO MOTION by Defendant United States of America re:24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Elliott, Virginia)
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Monday, November 13, 2017
26 26 30+ pgs respm Memorandum in Opposition to Motion Mon 11/13 5:32 PM
MEMORANDUM IN OPPOSITION by Plaintiff John Doe KC re24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Curry, Daniel)
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Thursday, November 09, 2017
25 25 29 pgs support Memorandum in Support of Motion Thu 11/09 11:39 AM
MEMORANDUM IN SUPPORT of24 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant United States of America.(Elliott, Virginia)
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Att: 1 Exhibit A - Redacted,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
24 24 motion Dismiss/Lack of Jurisdiction Thu 11/09 11:37 AM
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant United States of America. (Elliott, Virginia)
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Monday, October 02, 2017
23 23 1 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Mon 10/02 10:27 AM
ORDER denying as moot15 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Carlos Murguia on 10/2/17. Mailed to pro se party Mark E. Wisner by regular mail. (kao)
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Tuesday, September 26, 2017
22 22 cmp Amended Complaint Tue 09/26 3:35 PM
AMENDED COMPLAINT against All Defendants, filed by John Doe KC.(Curry, Daniel)
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Wednesday, September 20, 2017
21 21 order Order on Motion to Amend Complaint Wed 09/20 8:01 AM
ORDER granting20 Unopposed Motion for Leave to Amend. Plaintiff is ordered to electronically file his Second Amended Complaint within seven (7) days of the date of this Order. Pursuant to an agreement between the parties, Defendant United States of America is granted an extension of time, up to and including forty-five (45) days after Plaintiff files his Second Amended Complaint, in which to answer or otherwise respond to Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Teresa J. James on 9/20/2017. Mailed to pro se party Mark E. Wisner by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Tuesday, September 19, 2017
20 20 motion Amend Complaint Tue 09/19 4:42 PM
Unopposed MOTION to Amend Complaint re13 Amended Complaint by Plaintiff John Doe KC Related [+](Curry, Daniel)
Related: [-] ferred to Magistrate Judge Teresa J. James
Att: 1 Proposed Second Amended Complaint
Friday, August 11, 2017
19 19 respm Reply to Response to Motion Fri 08/11 3:52 PM
REPLY TO RESPONSE TO MOTION by Defendant The United States of America re:15 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Haston, Sarah)
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Friday, July 28, 2017
18 18 respm Response to Motion Fri 07/28 4:24 PM
RESPONSE by Plaintiff John Doe KC re15 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Curry, Daniel)
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Thursday, July 20, 2017
17 17 order Order on Motion to Dismiss/Lack of Jurisdiction Thu 07/20 3:01 PM
ORDER denying as moot6 Motion to Dismiss. Signed by District Judge Carlos Murguia on 7/20/17. (kao)
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16 16 support Memorandum in Support of Motion Thu 07/20 2:25 PM
MEMORANDUM IN SUPPORT of15 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant The United States of America(Elliott, Virginia)
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Att: 1 Exhibit - Redacted A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
15 15 motion Dismiss/Lack of Jurisdiction Thu 07/20 2:19 PM
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant The United States of America (Elliott, Virginia)
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Tuesday, June 13, 2017
14 14 order Consolidating Case Tue 06/13 11:21 AM
ORDER CONSOLIDATING CASE: IT IS THEREFORE ORDERED THAT pursuant to Fed. R. Civ. P. 42(a)(2), Case Nos. 17-cv-2081-CM-TJJ, 17-cv-2088-CM-TJJ, 17-cv-2089-CM-TJJ, 17-cv-2094-CM-TJJ, 17-cv-2098-CM-TJJ, 17-cv-2102-CM-TJJ, 17-cv-2108-CM-TJJ, 17-cv-2114-CM-TJJ, 17-cv-2119-CM-TJJ, 17-cv-2148-CM-TJJ, 17-cv-2167-CM-TJJ, 17-cv-2169-CM-TJJ, 17-cv-2170-CM-TJJ,17-cv-2182-CM-TJJ, and 17-cv-2187-CM-TJJ are hereby consolidated for discovery purposes only. IT IS FURTHER ORDERED THAT the lowest-numbered case, No. 17-cv-2081-CMTJJ, shall be designated as the lead case. The remaining cases shall be member cases. Until further order, all future filings in the consolidated action which are non-dispositive in nature shall be made only in the lead case, No. 17-cv-2081-CM-TJJ; however, all such non-dispositive future filings shall be captioned as set forth in this Order. Signed by Magistrate Judge Teresa J. James on 06/13/2017. (cv)
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Tuesday, June 06, 2017
13 13 cmp Amended Complaint Tue 06/06 2:02 PM
AMENDED COMPLAINT (CORRECTED) against All Defendants, filed by John Doe KC.(Curry, Daniel)
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Monday, June 05, 2017
12 12 cmp Amended Complaint Mon 06/05 5:06 PM
AMENDED COMPLAINT against All Defendants, filed by John Doe KC.(Curry, Daniel)
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11 11 order Order on Motion for Leave to Amend Complaint Mon 06/05 4:26 PM
ORDER granting8 Unopposed Motion for Leave to Amend. Plaintiff is ordered to electronically file his Amended Complaint within seven (7) days of the date of this Order. Pursuant to an agreement between the parties, Defendant United States of America is granted an extension of time, up to and including forty-five (45) days after Plaintiff files his Amended Complaint, in which to answer or otherwise respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Teresa J. James on 6/5/2017. Mailed to pro se party Mark E. Wisner by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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10 10 respm Response to Motion Mon 06/05 3:53 PM
RESPONSE by Plaintiff John Doe KC re6 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Curry, Daniel)
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Att: 1 Ex Ex.1,
Att: 2 Ex Ex.2
9 9 support Memorandum in Support of Motion Mon 06/05 3:51 PM
MEMORANDUM IN SUPPORT of8 Unopposed MOTION for Leave to Amend Complaint re1 Complaint (attorney) by Plaintiff John Doe KC(Curry, Daniel)
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8 8 motion Leave to Amend Complaint Mon 06/05 3:46 PM
Unopposed MOTION for Leave to Amend Complaint re1 Complaint (attorney) by Plaintiff John Doe KC Related [+](Curry, Daniel)
Related: [-] ferred to Magistrate Judge Teresa J. James
Att: 1 Proposed Amended Complaint Ex.1
Thursday, May 18, 2017
7 7 support Memorandum in Support of Motion Thu 05/18 9:47 AM
MEMORANDUM IN SUPPORT of6 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant The United States of America(Haston, Sarah)
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Att: 1 Exhibit - Redacted A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
6 6 motion Dismiss/Lack of Jurisdiction Thu 05/18 9:45 AM
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant The United States of America (Haston, Sarah)
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Monday, April 17, 2017
5 5 misc Entry of Appearance Mon 04/17 12:55 PM
ENTRY OF APPEARANCE by Virginia Jackson Elliott on behalf of The United States of America (Elliott, Virginia)
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Friday, March 31, 2017
4 4 service Return of Service of Summons EXECUTED Fri 03/31 10:09 AM
SUMMONS RETURNED EXECUTED -- Certified Mail by John Doe KC upon Mark E. Wisner served on 3/24/2017, answer due 4/14/2017 (Curry, Daniel)
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3 3 service Return of Service of Summons EXECUTED as to USA Fri 03/31 10:07 AM
SUMMONS RETURNED EXECUTED -- Certified Mail by John Doe KC upon The United States of America served on 3/24/2017, answer due 5/23/2017. (Curry, Daniel)
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Tuesday, March 21, 2017
2 2 misc Civil Cover Sheet Tue 03/21 9:59 AM
CIVIL COVER SHEET by Plaintiff John Doe KC. (Curry, Daniel)
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1 1 cmp Complaint (attorney) Tue 03/21 9:48 AM
COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4126066.), filed by John Doe KC.(Curry, Daniel)
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notice Notice of Judge Assignment Tue 03/21 3:22 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cv)
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service Summons Issued as to USA Tue 03/21 3:30 PM
SUMMONS ISSUED as to Mark E. Wisner, U.S. Attorney and U.S. Attorney General (issued to Attorney for service) (cv)
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