McCauley et al v. The United States of America et al
| South Dakota District Court | |
| Judge: | Camela C Theeler |
| Case #: | 5:24-cv-05059 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 31, 2024 |
| Last checked: Monday Jan 27, 2025 2:42 AM CST |
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Defendant
The United States of America
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Represented By
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Defendant
Top Docs, Inc
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Represented By
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Defendant
Dr. Denise Viola
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Represented By
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Plaintiff
Thea J McCauley
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Represented By
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Plaintiff
David J Pourier
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Represented By
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| Docket last updated: 82 minutes ago |
| Monday, April 07, 2025 | ||
| 45 | 45
misc
Stipulation
Mon 04/07 1:30 PM
STIPULATION of Dismissal of Counts 2 through 5 and count 7, as Alleged Against the US by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| Friday, April 04, 2025 | ||
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notice
Notice of Filing Error
Fri 04/04 4:28 PM
NOTICE of Filing Error:44 Stipulation was filed in error and should be disregarded. (Zephier, Robin) |
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| Thursday, April 03, 2025 | ||
| 44 | 44
misc
Stipulation
Thu 04/03 2:41 PM
STIPULATION of Dismissal of Counts 2 through 5 and 7 by Thea J McCauley, David J Pourier. (Zephier, Robin) Modified text on 4/3/2025 (DJP) |
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| Friday, March 28, 2025 | ||
| 43 | 43
order
Order on Motion to Extend
Fri 03/28 4:37 PM
TEXT ORDER granting42 Unopposed Motion for Extension of Time to Respond to Motion to Dismiss. Signed by U.S. District Judge Camela C. Theeler on 3/28/2025. (CR) |
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| 42 | 42
motion
Extend
Fri 03/28 4:10 PM
Unopposed MOTION to Extend time to respond to Motion to Dismiss by Thea J McCauley. (Zephier, Robin) |
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| Wednesday, March 26, 2025 | ||
| 41 | 41
6
pgs
order
Order on Motion for Miscellaneous Relief
Wed 03/26 5:44 PM
ORDER denying26 Motion for Sanctions, Attorney Fees, and Costs Against Defendant Viola. Signed by U.S. District Judge Camela C. Theeler on 3/26/2025. (CR) |
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| Friday, March 14, 2025 | ||
| 40 | 40
8
pgs
respm
Memorandum in Support of Motion
Fri 03/14 11:12 AM
MEMORANDUM in Support re39 MOTION to DISMISS for Failure to State a Claim MOTION to DISMISS for Lack of Jurisdiction filed by The United States of America. (Hofmann, Michaele) |
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| 39 | 39
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Fri 03/14 11:10 AM
MOTION to DISMISS for Failure to State a Claim , MOTION to DISMISS for Lack of Jurisdiction by The United States of America. (Hofmann, Michaele) |
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| Thursday, February 13, 2025 | ||
| 38 | 38
notice
Notice of Withdrawal of Attorney
Thu 02/13 4:22 PM
Notice of Withdrawal of Attorney by Dr. Denise Viola. Attorney Gregory J. Bernard terminated. (Bernard, Gregory) |
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| 37 | 37
notice
Notice of Withdrawal of Attorney
Thu 02/13 4:19 PM
Notice of Withdrawal of Attorney by Dr. Denise Viola. Attorney Kimberly S. Pehrson terminated. (Pehrson, Kimberly) |
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| Wednesday, February 12, 2025 | ||
| 36 | 36
1
pgs
order
Order on Motion to Produce
Wed 02/12 4:17 PM
ORDER granting35 Motion to Produce Records. Signed by U.S. District Judge Camela C. Theeler on 2/12/2025. (CR) |
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| 35 | 35
motion
Produce
Wed 02/12 9:28 AM
Unopposed MOTION to Produce Records by The United States of America. (Hofmann, Michaele) |
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Att: 1
Proposed Order Order to Produce Documents
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| Tuesday, January 21, 2025 | ||
| 34 | 34
order
Scheduling Order
Tue 01/21 5:34 PM
RULE 16 SCHEDULING ORDER: Discovery due by 3/23/2026. Motions due by 5/18/2026. Signed by U.S. District Judge Camela C. Theeler on 1/21/2025. (CR) |
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| Thursday, January 02, 2025 | ||
| 33 | 33
respm
Reply to Motion Response
Thu 01/02 5:23 PM
REPLY to Motion Response re26 MOTION for Sanctions and Attorneys Fees and Costs filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| Friday, December 20, 2024 | ||
| 32 | 32
misc
Affidavit
Fri 12/20 3:35 PM
AFFIDAVIT of Gregory J. Bernard re26 MOTION for Sanctions and Attorneys Fees and Costs . (Pehrson, Kimberly) |
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Att: 1
Attachment
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notice
Notice of Filing Error
Fri 12/20 3:31 PM
NOTICE of Filing Error:30 Affidavit was filed in error and should be disregarded. (Pehrson, Kimberly) |
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| Thursday, December 19, 2024 | ||
| 31 | 31
misc
Discovery Report
Thu 12/19 1:06 PM
Discovery Report by The United States of America.(Hofmann, Michaele) |
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| 30 | 30
misc
Affidavit
Thu 12/19 11:04 AM
AFFIDAVIT of Gregory J. Bernard re29 Response to Motion, . (Pehrson, Kimberly) |
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| 29 | 29
respm
Response to Motion
Thu 12/19 11:01 AM
RESPONSE to Motion re26 MOTION for Sanctions and Attorneys Fees and Costs and Memorandum in Support of Plaintiff's Motion for Sanctions and Attorneys Fees and Costs Against Dr. Denise Viola filed by Dr. Denise Viola. (Pehrson, Kimberly) |
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| Monday, December 09, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Mon 12/09 10:28 AM
NOTICE of Appearance by Roger A. Sudbeck on behalf of Dr. Denise Viola. (Sudbeck, Roger) |
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| Tuesday, December 03, 2024 | ||
| 27 | 27
respm
Affidavit in Support of Motion
Tue 12/03 10:15 AM
AFFIDAVIT in Support re26 MOTION for Sanctions and Attorneys Fees and Costs filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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Att: 1
Exhibit April 25, 2023 letter from Attorney Greg Bernard,
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Att: 2
Exhibit July 20, 2023 Email to Greg Bernard and Roger Sudbeck from Attorney Zephier,
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Att: 3
Exhibit June 4,2024 Email to Greg Bernard,
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Att: 4
Exhibit July 11, 2024 Letter to Greg Bernard,
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Att: 5
Exhibit August 2, 2024 Letter to Greg Bernard,
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Att: 6
Exhibit August 12, 2024 Email to Greg Bernard,
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Att: 7
Exhibit Proof of Service from One Source Process and Proof of Non-service and Receipt from Hillsborough Sheriff,
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Att: 8
Exhibit Admission/Waiver of Service,
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Att: 9
Exhibit Receipt from One Source Process,
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Att: 10
Exhibit Receipt from Consulting Service,
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Att: 11
Exhibit Costs and Fees Summary
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| 26 | 26
motion
Miscellaneous Relief
Tue 12/03 10:01 AM
MOTION for Sanctions and Attorneys Fees and Costs by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| Tuesday, November 19, 2024 | ||
| 25 | 25
respoth
Amended Answer to Complaint
Tue 11/19 11:06 AM
AMENDED ANSWER to 1 Complaint by Dr. Denise Viola. (Bernard, Gregory) |
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| Friday, November 15, 2024 | ||
| 24 | 24
4
pgs
order
Order for Discovery Report
Fri 11/15 1:47 PM
ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Camela C. Theeler on 11/15/2024. (CR) |
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| Thursday, November 14, 2024 | ||
| 23 | 23
answer
Answer to Complaint
Thu 11/14 2:25 PM
ANSWER to 1 with Jury Demand by Dr. Denise Viola. (Bernard, Gregory) |
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| Tuesday, November 12, 2024 | ||
| 22 | 22
notice
Notice of Appearance
Tue 11/12 3:57 PM
NOTICE of Appearance by Kimberly S. Pehrson on behalf of Dr. Denise Viola. (Pehrson, Kimberly) |
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| 21 | 21
notice
Notice of Appearance
Tue 11/12 3:45 PM
NOTICE of Appearance by Gregory J. Bernard on behalf of Dr. Denise Viola. (Bernard, Gregory) |
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| Thursday, October 31, 2024 | ||
| 20 | 20
answer
Answer to Complaint
Thu 10/31 4:38 PM
Separate ANSWER to 1 by The United States of America. (Hofmann, Michaele) |
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| Monday, October 28, 2024 | ||
| 19 | 19
service
Summons Returned Executed
Mon 10/28 10:21 AM
SUMMONS Returned Executed by Thea J McCauley. Thea J McCauley served on 10/22/2024, answer due 11/12/2024. (Zephier, Robin) |
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| Tuesday, October 01, 2024 | ||
| 18 | 18
misc
Corporate Disclosure Statement (attorney use)
Tue 10/01 9:20 AM
CORPORATE Disclosure Statement by Top Docs, Inc identifying Corporate Parent Apprio Healthcare Systems and Services, LLC, Other Affiliate Apprio Holdings, LLC, Other Affiliate HCAP Partners V, L.P. for Top Docs, Inc. (Sudbeck, Roger) |
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| Sunday, September 29, 2024 | ||
| 17 | 17
notice
Notice of Noncompliance (Corporate Disclosure Statement)
Sun 09/29 6:46 PM
NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Top Docs, Inc has not complied. Said party has three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB) |
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| Wednesday, September 25, 2024 | ||
| 16 | 16
4
pgs
order
Order on Motion to Extend
Wed 09/25 2:34 PM
ORDER denying8 Motion to Extend Time and to Serve by Publication. Signed by U.S. District Judge Camela C. Theeler on 9/25/2024. (CR) |
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| Tuesday, September 10, 2024 | ||
| 15 | 15
answer
Answer to Complaint
Tue 09/10 9:53 AM
ANSWER to 1 with Jury Demand by Top Docs, Inc. (Sudbeck, Roger) |
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| Thursday, September 05, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Thu 09/05 2:05 PM
NOTICE of Appearance by Roger A. Sudbeck on behalf of Top Docs, Inc. (Sudbeck, Roger) |
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| Thursday, August 29, 2024 | ||
| 13 | 13
1
pgs
order
Order on Motion to Extend
Thu 08/29 9:48 AM
ORDER granting12 Motion for Extension of Time to Answer Complaint. Signed by U.S. District Judge Camela C. Theeler on 8/29/2024. (CR) |
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| Wednesday, August 28, 2024 | ||
| 12 | 12
motion
Extend
Wed 08/28 5:47 PM
Unopposed MOTION to Extend re1 Complaint by The United States of America. (Hofmann, Michaele) |
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Att: 1
Proposed Order Proposed Order to Grant Motion to Extend Time to Answer Complaint
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| Thursday, August 15, 2024 | ||
| 11 | 11
service
Certificate of Service (attorney use)
Thu 08/15 5:37 PM
CERTIFICATE OF SERVICE by Thea J McCauley, David J Pourier re8 MOTION to Extend Time to Serve Defendant Viola and To Serve By Publication . (Zephier, Robin) |
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| 10 | 10
respm
Affidavit in Support of Motion
Thu 08/15 5:36 PM
AFFIDAVIT in Support re8 MOTION to Extend Time to Serve Defendant Viola and To Serve By Publication filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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Att: 1
Exhibit Letter dated April 25, 2023 from Greg Bernard,
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Att: 2
Exhibit Email dated July 20, 2023,
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Att: 3
Exhibit Email dated June 4, 2024 to Greg Bernard,
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Att: 4
Exhibit Letter dated July 11, 2024 to Greg Bernard,
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Att: 5
Exhibit Email dated August 2, 2024 with Summons and Complaint,
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Att: 6
Exhibit Email dated August 12, 2024 to Greg Bernard
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| 9 | 9
4
pgs
respm
Memorandum in Support of Motion
Thu 08/15 5:33 PM
MEMORANDUM in Support re8 MOTION to Extend Time to Serve Defendant Viola and To Serve By Publication filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| 8 | 8
motion
Extend
Thu 08/15 5:32 PM
MOTION to Extend Time to Serve Defendant Viola and To Serve By Publication by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| Wednesday, August 14, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Wed 08/14 4:32 PM
NOTICE of Appearance by Michaele Sanders Hofmann on behalf of The United States of America. (Hofmann, Michaele) |
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| 6 | 6
service
Admission of Service
Wed 08/14 3:26 PM
ADMISSION of Service of Summons and Complaint served on United States on 08-09-24, filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| 5 | 5
service
Admission of Service
Wed 08/14 12:02 PM
ADMISSION of Service of Summons and Complaint served on Tops Docs on 08-12-24, filed by Thea J McCauley, David J Pourier. (Zephier, Robin) |
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| Friday, August 02, 2024 | ||
| 4 | 4
service
Summons Issued as to USA
Fri 08/02 9:52 AM
Summons Issued as to USA. Summmons(es) delivered to plaintiff's counsel via electronic delivery to plaintiffs attorney. (SLT) (Main Document 4 replaced on 8/2/2024) (SLT) |
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| Wednesday, July 31, 2024 | ||
| 3 | 3
misc
Request for Issuance of Summons(es)
Wed 07/31 5:18 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES) by Thea J McCauley, David J Pourier. (JMS) |
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| 2 | 2
misc
Receipt
Wed 07/31 5:16 PM
RECEIPT for Filing Fee (JMS) |
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| 1 | 1
cmp
Complaint (COURT USE ONLY)
Wed 07/31 5:16 PM
COMPLAINT with Jury Demand, $405.00 fee paid, receipt# 50000827, in shell case on 07/31/2024 filed by Thea J McCauley, David J Pourier. (JMS) |
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