Perry Furgason v. Lubbock County Hospital District d/b/a UMC Health System
| Texas Northern District Court | |
| Judge: | James Wesley Hendrix |
| Case #: | 5:22-cv-00087 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1396 - Tort Negligence |
| Case Filed: | May 11, 2022 |
| Terminated: | Nov 09, 2022 |
| Last checked: Monday Nov 07, 2022 3:46 AM CST |
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Defendant
Lubbock County Hospital District
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Represented By
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Plaintiff
Perry Furgason
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, September 01, 2023 | ||
| 35 | 35
order
Judgment
Fri 09/01 11:33 AM
JUDGMENT : For the reasons set out in the Courts Order Granting Defendants Second Motion to Dismiss, it is ordered and adjudged that the plaintiffs action is dismissed with prejudice. (Ordered by Judge James Wesley Hendrix on 9/1/2023) (bmh) |
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| 34 | 34
21
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 09/01 11:31 AM
ORDER GRANTING DEFENDANTS SECOND MOTION TO DISMISS: ORDER granting13 Motion to Dismiss for Failure to State a Claim. The Court grants UMCs second motion to dismiss Fergasons amended complaint. Fergason failed to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court therefore dismisses Fergason's amended complaint for failure to state a claim upon which relief can be granted. And because Fergason previously had an opportunity to amend his deficient complaint, the Court finds that any further amendments would be futile. Thus, the Court dismisses the amended complaint with prejudice. The Court will issue its final judgment separately. (Ordered by Judge James Wesley Hendrix on 9/1/2023) (bmh) |
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| Monday, July 17, 2023 | ||
| 33 | 33
trial
Designation of Experts
Mon 07/17 4:14 PM
Designation of Experts by Lubbock County Hospital District. (Dennis, Don) |
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| Friday, July 07, 2023 | ||
| 32 | 32
service
Certificate of Service
Fri 07/07 5:54 PM
CERTIFICATE OF SERVICE by Perry Furgason Plaintiff's Answers to Interrogs (Dixon, Eric) |
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| Thursday, June 22, 2023 | ||
| 31 | 31
2
pgs
order
Order on Motion to Continue
Thu 06/22 2:26 PM
ORDER: Before the Court is the parties' Joint Motion for Continuance. Dkt. No.30 . The motion is granted. To afford the Court more time to consider the defendant's pending Motion to Dismiss (Dkt. No.13 ) and preserve the parties' time and resources pending resolution, the court resets the trial date to the three-week civil trial docket beginning January 15, 2024. All upcoming pretrial deadlines are modified as set forth below. Discovery due by 10/2/2023. Expert Objections due by 10/16/2023. Dispositive Motions due by 10/16/2023. Pretrial Materials due by 12/26/2023. Pretrial Order due by 12/26/2023. Exchange of Exhibit due by 01/02/2024. Charge, Voir Dire, Motions in Limine due by 01/02/2024. Trial Briefs due by 01/08/2024. Pretrial Conference is to be set if necessary. Jury Trial set for 1/15/2024 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 6/22/2023) (krr) |
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| Thursday, June 15, 2023 | ||
| 30 | 30
motion
Continue
Thu 06/15 5:47 PM
MOTION to Continue filed by Lubbock County Hospital District (Dennis, Don) |
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| Tuesday, May 16, 2023 | ||
| 29 | 29
misc
Stipulation
Tue 05/16 4:21 PM
STIPULATION Agreement to Modify Scheduling Deadlines by Lubbock County Hospital District. (Dennis, Don) |
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| Wednesday, May 10, 2023 | ||
| 28 | 28
2
pgs
order
Order on Motion for Miscellaneous Relief
Wed 05/10 1:21 PM
ORDER: Before the Court is the parties' Joint Motion for Modification of Scheduling Order. Dkt. No.27 . The motion is granted in part. The Court's scheduling order provides that "the parties may not agree to extend [the expert-objection] deadline beyond the dispositive motion deadline. " Dkt. No.21 at 5. Therefore, the Court declines to grant an extension of the expert-objection deadline. The parties may, however, agree among themselves to extend the deadlines for initial and responsive expert designations so long as (1) any extensions do not affect the trial setting, dispositive-motion deadline, or expert-objection deadline, and (2) the parties provide written notice to the Court of any agreed extensions. Lastly, the Court grants the parties' request to extend the deadline for amendment of pleadings from June 1, 2023, until August 1, 2023. All deadlines contained in the Court's scheduling order (Dkt. No.21 ) and not expressly modified shall remain in full effect. (Note: Amended Pleadings due by 8/1/2023.) (Ordered by Judge James Wesley Hendrix on 5/10/2023) (krr) |
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| Monday, May 08, 2023 | ||
| 27 | 27
motion
Miscellaneous Relief
Mon 05/08 4:08 PM
MOTION Modify Scheduling Order filed by Lubbock County Hospital District (Dennis, Don) |
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| Saturday, March 11, 2023 | ||
| 26 | 26
notice
Notice (Other)
Sat 03/11 3:55 PM
NOTICE of Service of Discovery filed by Perry Furgason (Dixon, Eric) |
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| Thursday, February 09, 2023 | ||
| 25 | 25
1
pgs
order
Order on Motion for Miscellaneous Relief
Thu 02/09 9:18 AM
ORDER: Before the Court is Perry Furgason's motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No.23 . For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 2/9/2023) (krr) |
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| Tuesday, February 07, 2023 | ||
| 24 | 24
notice
Notice (Other)
Tue 02/07 5:44 PM
NOTICE of Plaintiff's Counsel's Non-Availability filed by Perry Furgason (Dixon, Eric) |
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| 23 | 23
motion
Miscellaneous Relief
Tue 02/07 11:30 AM
MOTION Motion to appear without local counsel filed by Perry Furgason (Dixon, Eric) |
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| Friday, February 03, 2023 | ||
| 22 | 22
2
pgs
order
Order Setting Deadline/Hearing
Fri 02/03 1:55 PM
ORDER: Furgason is ordered to obtain local counsel or file a motion to proceed without local counsel detailing current counsel's availability for hearings and ability to comply with the local rules of this Court by February 20, 2023. (Ordered by Judge James Wesley Hendrix on 2/3/2023) (krr) |
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| 21 | 21
order
Scheduling Order ~Util - Modify Hearings/Deadlines (Full List)
Fri 02/03 1:49 PM
SCHEDULING ORDER: Joinder of Parties - 04/03/2023. Amendment of Pleadings - 06/01/2023. Initial Expert Designation & Report - 05/15/2023. Responsive Expert Designation & Report - 07/03/2023. Rebuttal Expert Designation - See 5(c). Completion of Discovery - 08/01/2023. Expert Objections - 08/15/2023. Dispositve Motions - 08/14/2023. Pretrial Disclosures and Objections - 10/23/2023. Pretrial Materials - See 8. Exchange of Exhibits - 10/30/2023. A list of exhibits, including demonstrative exhibits, and a designation of portions of depositions to be offered at trial shall be filed by each party by 10/23/2023. The parties shall file a joint proposed jury charge and verdict form, agreed to by all parties to the maximum extent possible, no later than 10/30/2023. The parties must submit proposed voir dire questions, if any, by 10/30/2023. Motions in Limine due by 10/30/2023. Pretrial Conference to be set if necessary. Jury Trial set on the Court's three-week civil trial docket beginning 11/13/2023 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 2/3/2023) (krr) |
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| 20 | 20
misc
Status Report
Fri 02/03 11:22 AM
STATUS REPORT Amended Joint Report filed by Lubbock County Hospital District. (Dennis, Don) |
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| Thursday, February 02, 2023 | ||
| 19 | 19
misc
Status Report
Thu 02/02 7:04 PM
STATUS REPORT Joint Report filed by Lubbock County Hospital District. (Dennis, Don) |
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| Wednesday, January 04, 2023 | ||
| 18 | 18
5
pgs
order
Order for Scheduling Order Proposal ~Util - Modify Hearings/Deadlines (Full List)
Wed 01/04 1:40 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report should be filed on or before February 3, 2023. (Ordered by Judge James Wesley Hendrix on 1/4/2023) (krr) |
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| Friday, December 23, 2022 | ||
| 17 | 17
respm
Reply
Fri 12/23 1:49 PM
REPLY filed by Lubbock County Hospital District re:13 Motion to Dismiss for Failure to State a Claim (Dennis, Don) |
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| Monday, December 12, 2022 | ||
| 16 | 16
respm
Response/Objection
Mon 12/12 3:11 PM
RESPONSE filed by Perry Furgason re:13 Motion to Dismiss for Failure to State a Claim (Dixon, Eric) |
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| 15 | 15
respm
Response/Objection
Mon 12/12 3:10 PM
RESPONSE filed by Perry Furgason re:13 Motion to Dismiss for Failure to State a Claim (Dixon, Eric) |
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| Tuesday, November 29, 2022 | ||
| 14 | 14
respm
Brief/Memorandum In Support
Tue 11/29 3:03 PM
Brief/Memorandum in Support filed by Lubbock County Hospital District re13 Motion to Dismiss for Failure to State a Claim (Dennis, Don) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Tue 11/29 3:01 PM
Motion to Dismiss for Failure to State a Claim filed by Lubbock County Hospital District (Dennis, Don) |
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| Tuesday, November 15, 2022 | ||
| 12 | 12
cmp
Amended Complaint
Tue 11/15 11:54 AM
AMENDED COMPLAINT WITH JURY DEMAND Violation of 42USC Section 1983 against Perry Furgason filed by Perry Furgason. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dixon, Eric) |
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| Wednesday, November 09, 2022 | ||
| 11 | 11
16
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 11/09 1:55 PM
ORDER GRANTING DEFENDANTS MOTION TO DISMISS, RE:6 Motion to Dismiss for Failure to State a Claim. The Court dismisses Furgasons remaining claim under 42 U.S.C. § 1983 without prejudice, however, and grants him an opportunity to amend that claim to try to correct the deficiencies identified in this order. Furgason must file any amended complaint no later than 21 days from the issuance of this order. (Ordered by Judge James Wesley Hendrix on 11/9/2022) (krr) |
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| Monday, June 27, 2022 | ||
| 10 | 10
respm
Brief/Memorandum In Support
Mon 06/27 3:19 PM
Brief/Memorandum in Support filed by Perry Furgason re9 Response/Objection,7 Brief/Memorandum in Support of Motion (Dixon, Eric) |
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| 9 | 9
respm
Response/Objection
Mon 06/27 2:56 PM
RESPONSE filed by Perry Furgason re:6 Motion to Dismiss for Failure to State a Claim (Dixon, Eric) |
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| Monday, June 06, 2022 | ||
| 8 | 8
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 06/06 4:21 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lubbock County Hospital District. (Clerk QC note: No affiliate entered in ECF). (Dennis, Don) |
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| 7 | 7
respm
Brief/Memorandum In Support
Mon 06/06 4:18 PM
Brief/Memorandum in Support filed by Lubbock County Hospital District re6 Motion to Dismiss for Failure to State a Claim (Dennis, Don) |
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| 6 | 6
motion
Dismiss for Failure to State a Claim
Mon 06/06 4:17 PM
Motion to Dismiss for Failure to State a Claim filed by Lubbock County Hospital District Attorney Don C Dennis added to party Lubbock County Hospital District(pty:dft) (Dennis, Don) |
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| Monday, May 23, 2022 | ||
| 5 | 5
service
Summons Returned
Mon 05/23 3:17 PM
SUMMONS Returned Executed as to Lubbock County Hospital District ; served on 5/17/2022. (Dixon, Eric) |
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| Thursday, May 12, 2022 | ||
| 4 | 4
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 05/12 3:22 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Perry Furgason. (Clerk QC note: No affiliate entered in ECF). (Dixon, Eric) |
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| 3 | 3
service
Summons Issued
Thu 05/12 9:50 AM
Summons Issued as to Lubbock County Hospital District DBA UMC HEALTH SYSTEM. (krr) |
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| 2 | 2
qcref
Hendrix
Thu 05/12 9:43 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (krr) |
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| Wednesday, May 11, 2022 | ||
| 1 | 1
cmp
Complaint
Wed 05/11 5:24 PM
COMPLAINT WITH JURY DEMAND against UMC Health System of Lubbock filed by PERRY FURGASON. (Filing fee $402; Receipt number 0539-12817170) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dixon, Eric) |
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Att: 1
Cover Sheet
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