$ 256.50

05RV010971

$ 72.00

05RV010971

filed (2). /kjm

filed: -Notice of Appearance of Department of Health and Family Services. -Department of Health and Family Services' Designation of Expert and Lay Witnesses. /kjm

filed, for Midwest Medical Ins. Co. /kjm

and Notice of Retainer filed for defendant Dr. Hassan Eghbali. /kjm

signed and filed. Action forwarded forthwith to the Chief Judge's office for reassignment. /kjm

The above-entitled case has been transferred to Judge Michael Guolee for disposition due to the substitution/disqualification of Judge Patricia McMahon. Any papers filed after the date of this Notice must be filed with the clerk of the newly assigned Judge. jms

of Hassan Eghbali, M.D., filed. slt

No appearances. Action set for Scheduling Conference on June 15, 2005 at 1:30pm. Notices sent this date. slt

of Hassan Eghbali, M.D., filed. slt

from Attorney Wolverton with stipulation and order for dismissal as to Midwest Medical Insurance Company only, filed. slt

and Statement of Interest of Milwaukee County Department of Human Services filed. /kjm

Midwest Medical Ins Co

as to MIDWEST MEDICAL INSURANCE COMPANY ONLY, signed and filed. slt

and Statement of Milwaukee County Department of Health and Human Services, filed. slt

from Attorney Samuel Leib, filed. --gb

from Attorney Brown, filed. slt

Plaintiff appears by Attorney Gail Brown for Attorney Prachtrhauser. Department of Health & Family Services appears by Attorney Richard Victor. Nadya Dya appears on behalf of Dr. Hassan Eghbali. Scheduling conference adjourned to August 26, 2005 at 9:00am. slt

to all parties to conference call the court to reschedule the 8/26/05 scheduling conference. Court will not be in session. slt

from both sides adjourning the 8/26/05 scheduling conference to 10/25/05 at 8:45am. Confirming letter to follow. slt

dated 8-30-05 from Gail L. Brown, confirm that the scheduling conference originally scheduled for 8-26-05 has been changed to 10-25-05, filed.

Plaintiff in court by Attorney Gail Brown. Department of Health & Human Services appears by Attorney Richard A. Victor. Defendant appeared by Attorney Nadya Shewczyk. Scheduling Conference held. Action set for Pretrial Conference on June 28, 2006 at 9:00am. Filed, signed Civil Division Scheduling Order. slt

summons and complaint, filed. slt

on behalf of Wisconsin Health Care Liability Insurance Plan and Dr. Robin Ferron, filed. slt

to Plaintiff's Amended Complaint, on behalf of Hassan Eghbali, M.D., filed. slt

of the Amended Summons and Complaint, filed. slt

SECOND, filed. mld

SECOND, filed. mld

of Dr. Ferron and Whclip to Plaintiff's Second Amended Complaint, filed. slt

filed. s lt

to the Plaintiff's Second Amended Complaint, filed. slt

Third Amended Summons and Complaint, filed. slt

to Plaintiff's Third Amended Complaint from Attorney Shewczyk, filed. slt

of the Third Amended Summons and Complaint, filed. slt

of Dr. Ferron and WHCLIP to Plaintiff's Third Amended Complaint, filed. slt

and Answer to Plaintiffs' Third Amended Complaint on behalf of St. Francis Hospital and Preferred Professional Insurance Company, filed. slt

to Third Amended Complaint on behalf of Wisconsin Injured Pations and Families Compensation Fund, filed. st

to Dismiss or In the Alternative Amend Scheduling Order; Brief in Support, Affidavit of John A. Nelson; and Affidavit of Service, filed. slt

from Attorney Bonville, filed. slt

from Attorney Kukor stating the pretrial conference for tomorrow is off and the 7/10/06 motion hearing is converted to amend the scheduling order. Fax confirming this is forthcoming. slt

via fax, from Attorney Kukor converting the 7/10/06 motion to dismiss to a scheduling conference, and removing the 6/28/06 pretrial conference, filed. slt

from Attorney Kukor regarding the 7/10/06 hearing. slt

Appearing in person were Attorneys Gail L. Brown, Kathy Bon Ville, John A. Nelson and Nadya Shenczyk. Appearing telephonically were Attorneys Richard Victor and Randal N. Arnold. Scheduling conference held. Case adjourned for pretrial conference on June 5, 2007 at 9:00am. All parties are notified that effective July 31, 2006 this case will be assigned to Judge Elsa Lamelas, Branch 23, in Room 412 of the Courthouse. slt

of St. Francis Hospital, Inc. and Preferred Professional Insurance Company against defendant, Hassan Eghali, M.D., filed. slt

of Wisconsin Injured Patients and Families Compensation Fund against Hassan Eghbali, M.D., filed. slt

Defendant Hassan Eghbali, MD's Answer to St. Francis Hospital, Inc. and Preferred Professional Insurance Company's Cross Claim; and Answer to Wisconsin Injured Patients and Families Compensation Fund's Cross Claim, filed. slt

Filed: Copy of letter dated October 10, 2006, from Gail L. Brown. jms

At the request of Attorney Mark Baus, case scheduled for Motion to Compel on December 4, 2006, at 9:30 a.m. jms

Filed: Plaintiff's Notice of Motion and Motion to Compel Discovery. Filed: Affidavit of Mark Baus. Filed: Proof of Service. jms

Attorney Don Prachthauser and Attorney Mark Baus appeared in person and on behalf of the plaintiff Jeanne Morris. Attorney Nadya Shewczyk appeared in person and on behalf of the defendant Hassan Eghbali. Attorney Randal Arnold appeared in person and on behalf of the defendants Wisconsin Health Care Liability and Robin Ferron. Attorney Maria Schneider appeared in person and on behalf of the defendant Injured Patients and Compensation Fund. Plaintiff's Motion to Compel Discovery heard and granted by the Court for the reasons as stated on the record. jms

Filed: Signed Order. jms

dated January 24, 2007-Carbon copy, filed. mr

Filed: Copy of letter dated January 24, 2007, from Mark D. Baus. Filed: Copy of letter dated January 25, 2007, from Randal N. Arnold. jms

Filed: Letter dated February 9, 2007, from Gail L. Brown to the Court. jms

Teleconference had with Attorney Gail Brown to schedule case for Telephone Status Conference. At the request of Attorney Brown and with the consent of the Court, case scheduled for Telephone Status Conference on March 8, 2007, at 10:30 a.m. Attorney Brown advised to notify all counsel of same and was further advised to initiate said call. jms

Filed: Letter dated February 28, 2007, from Nadya E. Sherwczyk to the Court. jms

Court approved Attorney Schewczyk's request for an adjournment of the Telephone Status Conference scheduled for 3/8/07 at 10:30am. Madam Clerk instructed counsel to conference call Court to get a mutually agreed upon date. mr

Plaintiffs in Court by Attorney Neil Braun. Plaintiff State of Wisconsin in Court by Attorney Richard A. Victor. Defendant Wisconsin Compensation Fund in Court by Attorney Kathleen Bonnville. Defendant St. Francis Hospital in Court by Attorney Nadya E. Schewczyk. Defendant Dr. Robin Ferron and Wisconsin Health Liability in Court by Attorney Rita Blondis for Attorney Randal Arnold. Telephone Conference held in Chambers and off the record. Deadlines extended. Court Orders the following: Plaintiff's have named their witnesses; Plaintiff's last deposition to take place on or before 6/12/07; Defendants are to name witnesses on or before 8/15/07; Parties have until 8/15/07 for filing Summary Judgment Motions. Parties VOLUNTARILY agree to follow local rules regarding Summary Judgment. Discovery cut off is 1/2/08; Mediation to be completed on or before 1/18/08. Parties are to notify the Court if they decided not to engage in mediation no later than 12/31/07. Pretrial Conference scheduled for 2/13/08. All Pretrial Reports due on or before 2/6/08. mr

Regarding March 16, 2007 Scheduling Conference, signed and filed. mr

4th Amended Summons and Complaint, filed. mr

Defendant Hassan Eghbali M.D.'s Answer to Plaintiff Jean Morris' Fourth Amended Complaint, filed. mr

Wisconsin Health Care Liability Insurance Plan and Robin Ferron MD's Answer to Fourth Amended Complaint, filed. mr

to Fourth Amended Complaint, filed. mr

(Fourth Complaint) filed. mr

St. Francis Hospital and Preferred Professional Ins. Co., filed. mr

Hassan Eghbali, MD, filed. mr

Wisconsin Patients Compensation Fund, filed. mr

Wisconsin Health Care Liability Ins. Plan and Dr. Robin Ferron, filed. mr

of Plaintiff to Amend Scheduling Order and to Allow Plaintiff's Witness to Supplement his Opinions, filed. - Brief in Support of Motion to Amend Scheduling Order and to Allow Plaintiff's Witness to Supplement his Opinions, filed. - Affidavit of Gail Brown, filed. jci

Defendants St. Francis Hospital and Preferred Professional Insurance Company's Notice of Motion and Motion to Amend Scheduling Order, filed. - Brief in Support of Defendants St. Francis Hospital and Preferred Professional Insurance Company's Motion to Amend Scheduling Order, filed. - Affidavit of John A. Nelson In Support of Defendants St. Francis Hospital and Preferred Professional Insurance Company's Motion to Amend Scheduling Order, filed. jci

of Plaintiff to Compel Discovery, filed . - Plaintiff's Brief in Support of Motion to Compel Discovery, filed. - Affidavit of Gail Brown, filed. jci

Defendant Dr. Hassan Eghbali's Brief in Opposition to Plaintiff's Motion to Amend the Scheduling Order and Allow Dr. Thomas Schneider to Supplement his Opinions, filed. - Affidavit of Nadya E. Shewczyk, filed. jci

from Attorney Nadya Schewczyk, filed. jci

Telephone Conference with Clerk and all Attorneys. 1-22-08 Motion hearing needs to be rescheduled along with 2-13-08 pretrial date. Conflicting schedules were putting motion date out into May 08. Clerk scheduled a telephone conference with the Judge for 2-5-08 at 10:30 am. jci

Per Judge, motion hearing is to be set for March 10, 2008 at 10:00 am. This hearing will NOT be adjourned. 2-5-08 Telephon Status is removed from calendar. Notices mailed this date. jci

Court Reporter Carol Brathol Plaintiff, Jeanne Morris in Court by Attorney Gail Browne. Defendant, Hassan Eghbali in court by Attorney Douglas Knott. St Francis Hospital in Court by Attorney Christopher Riordan. Defendant, Wisconsin Injured Patients and Families Compensation Fund, in Court by Attorney Kari Race. No other appearances. Plaintiff's/Defendant's motions to Amend Scheduling Order heard. Plaintiff's Motion to Compel, and supplement opinions heard. Court grants all motions with the following dates: 4-9-08 - Deadline to comply with Motion to Compel. 4/30/08 - Deposition of Dr Schneider and St. Francis Nurses to be completed. Also Dispositive motion cutoff date. 5/20/08 - Defendant to name or waive a 2nd expert. 7/30/08 - Discovery deadline. 7/31/08 - Mediation deadline. Pretrial conference scheduled for 9-5-08 at 8:45 am. Per order to be signed. jci

from Attorney Gail Brown transmitting 5-day Order, filed. jci

per the motion hearing held on March 10, 2008. Order signed and filed. Copy conformed and mailed. slh

from Attorney Arnold, filed. jci

to Defendants, Dr. Robin Ferron, Wisconson Health Care Liability Insurance Plan & Wisconsin Injured Patients and Families Compensation Fund, Pursuant to Wisconsin Statutes 807.01(4), filed. jci

for Summary Judgment on Behalf of Defendants St. Francis Hospital, Inc., and Preferred Professional Insurance Company, filed. - Defendants St. Francis Hospital, Inc., and Preferred Professional Insurance Company, Brief in Support of Motion for Summary Judgment, filed. - Affidavitof John A. Nelson In Support of Defendants' Motion for Summary Judgment, filed. - Table of Non Wisconsin AuthoritiesCited in Defendants' Brief in Support of Motion for Summary Judgment, filed. jci

In Limine, filed. - Brief in Support of Defendants' Motion in Limine, filed. - Affidavit of Randal N Arnold In Support of Defendants' Motion in Limine, filed. jci

for Sanctions Pursuant to Wis. Stats. 802.05, filed. - Affidavit of Gail Brown, filed. jci

Plaintiffs' in Opposition to Motion for Summary Judgment and the Affidavit of Keith R. Stachowiak in Opposition to Defendants' Motion for Summary Judgment.

Defendants St. Francis Hospital And Preferred Professional Insurance Company's Reply Brief In Support Of Motion For Summary Judgment. Supplemental Affidavit Of John A. Nelson In Support Of Defendants St. Francis Hospital And Preferred Professional Insurance Company's Motion For Summary Judgment.

from Atty Nadya E. Shewczyk regarding the pending motion for summary judgment filed by St. Francis Hospital filed.

Plaintiff in court by Attorney Kevin Kukor and Gail Brown Attorney Krista Buchholz in court for Attorney Samuel J Leib for Dr Eghbali Attorney Chris Riordan for St. Francis Hospital Attorney Kathleen E Bonville for Wisc. Injured Patients. Summary Judgment Motion heard and decisions made as stated on the record Per order to be signed. Matter adjourned to September 5, 2008 08:45 am for Pre Trial Conference

From Attorney Nadya E Shewczyk objecting to dismissal of Fund from case at this time, filed.

Filed, signed Order from the 07-14-08 hearing granting summary judgment to St Francis Hospital and Preferred Professional Ins. Co.

St. Francis Hospital, Inc.

Prefered Professional Insurance Company

Wisconsin Injured Patients and Families Compensation Fund

Signed.

Wisconsin Injured Patients and Families Compensation Fund; St. Francis Hospital, Inc.; Prefered Professional Insurance Company

Order Granting Summary Judgment signed and filed.

Plaintiff's Pretrial Report, Requested Jury Instructions and Proposed Special Verdict.

Proposed Jury Instructions, Special Verdict Form, Notice of Motion and Motions in Liminie and Brief in Support of the Motions in Limine.

Telephone call from Attorney Sam Leib's office requesting that the Pre-Trial Conference scheduled for 8:45 be moved to 10 am due to a family matter. Court grants the request if the other parties are notifed and agree. Attorney Leib's office recontacts the court at 3:15 and states they all agree. Matter rescheduled for 10 am on 9-5-08.

Petitioner appears with Attorney Gail Brown for Attorney Don C. Prachthauser Respondent appears with Attorney Samuel Leib Assistant State's Attorney had been misinformed that he could appear by telephone Pre-trial conference held. Case continued to Motion Hearing 11-10-08 at 3 pm.

Wisconsin Health Care Liability; Ferron, Robin

pleadings against Wisconsin Health Care Liability Ins. Plan and Dr. Robin Ferron, Signed.

Filed: Signed Order re: brief and filing of motions in limine and confirming 11-24-08 hearing date. jms

from Attorney Nadya E Shewczyk dated October 16, 2008, forwarded to Judge for review.

from Richard A. Victor, Assistant Attorney General, dated October 22, 2008, received. mam

of plaintiff to motions in limine, filed.

Filed, plaintiff's response in opposition to defendant's attempt to admit.

Court Reporter - Carol Brathol. Plaintiff in court by Attorneys Kevin Kukor and Gail Brown. Defendant Eghbali in court with Attorneys Samuel Leib and Nadya Shewcyk. Defendant State of Wisconsin in court by Attorney Richard Victor. Attorney Leib's motion to withdraw as counsel of record for Dr. Eghbali heard. Court grants motion to withdraw and adjourns hearing on motions in limine to: 01-21-09 at 2:00 p.m., br. 23. Filed, affidavit of Leib. Atty. Kukor to prepare and submit order.

Filed, signed order from the 11-24-08 motion hearing.

Filed, signed Order submitted by Atty. Leib as to withdrawal of counsel.

Court Reporter - Carol Brathol. Plaintiffs in court by Attorney Kevin Kukor and Gail Brown. Defendant State of Wisconsin Dept. of Health and Human Serv. in court by Attorney Josesph Ganzer. Defendant Eghbali appears in person pro se. Deft. Eghbali has not retained counsel; court will proceed with pending motions. Plaintiff's motions in limine argued. Court grants, denies and withholds rulings on motions in limine as stated on the record. Court orders there will be no mention of Perringer release during the trial until counsel requests same with the court. Court set case on for jury trial on May 18, 2009 at 1:30 p.m.

Filed, signed order on motions in limine from the 01-21-09 hearing.

for deft. Eghbali with affidavit of mailing, filed.

of intent to offer certified medical records, filed by deft. Eghbali.

Filed, plaintiff's notice of availability of health care records.

Court Reporter - Carol Brathol. Plaintiff appears in person with Attorneys Kevin Kukor and Donald Prachthauser. Deft. Hassan Eghbali appears in person with Attorneys W. Patrick Sullivan and Adam Freed. Court spoke with counsel off the record regarding issues for trial. Later, at the hour of 2:20 p.m. voir dire commenced. Parties proceeded to impanel a jury of 13 citizens of Milwaukee County, Wisconsin who were qualified to serve as jurors and who were duly impanelled and sworn at 4:05 p.m. Short recess taken. Court read opening instructions to jurors. Opening statements by plaintiff. Court recessed until 9:30 a.m. on May 19, 2009.

Court Reporter - Carol Brathol. Same appearances. Jury in the box at 9:35 a.m. Opening statement of defense. Trial proceeded and proofs submitted. Sworn for the plaintiff: Dr. Mark Morasch; Court recessed for lunch break at 11:45 a.m. 1:35 p.m. trial resumed, sworn for the plaintiff: Dr. Thomas Schneider. Court took afternoon recess. Out of presence of jury, counsel argued whether Pierringer release information may be presented to the jury. Court took motion under advisement. Sworn for plaintiff: Jeanne Morris; Court recessed until 9:15 a.m. on May 20, 2009.

Court Reporter - Carol Brathol. Same appearances. Jury in the box at 9:20 a.m. Trial continued with video testimony of Mark Feltes for plaintiff. Sworn for plaintiff: Jamie Walters; plaintiff rests subject to rebuttal. Sworn for the defense: Dr. Hassan Eghbali; Jurors excused for lunch break. Out of presence of jury, court ruled that evidence re: Pierringer release may be presented to jury. Jury back in the box at 1:50 p.m. Court advised jury re: stipulation on settlement with other defendant in action. Trial continued with testimony of Dr. Eghbali. Sworn for defense: Dr. Cyrus Serry;

Court Reporter - Carol Brathol. Same appearances. Jury in the box at 9:35 a.m. Trial continued with cross-examination of Dr. Serry. Deposition testimony of Dr. Robert Wetzler read to jurors. Counsel move exhibits into the record. Court excused alternate juror from further service on this panel. Jury back in the box at: 12:40 p.m. Closing arguments by counsel. Court instructed the jurors who, at the hour of 2:05 p.m., retired to deliberate in the charge of law clerk Brooke Bennett, who was first duly sworn for that purpose. At the hour of 3:55 p.m. the parties advised court that they have reached a settlement which was then entered into the record. Court excused jurors from further service in this matter.

Filed, signed stipulation and order for dismissal on the merits with prejudice and without costs.