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02-000839N Brad Stevens And Lynn Stevens, On Behalf Of And As Parents And Natural Guardians Of Matthew Stevens, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Wednesday, November 12, 2003.

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Summary: Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.
  • Document: Mandate
  • Issued: 01/04/2005
  • Document: Opinion
  • Issued: 12/17/2004
  • Document: DOAH Final Order
  • Issued: 11/12/2003
  • Summary: Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.
Dockets
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Date
Proceedings
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Date: 01/07/2005
Proceedings: Opinion filed.
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Date: 01/07/2005
Proceedings: Mandate filed.
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Date: 01/04/2005
Proceedings: Mandate
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Date: 12/17/2004
Proceedings: Opinion
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Date: 09/14/2004
Proceedings: Index, Record, and Certificate of Record sent to the District Court of Appeal.
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Date: 04/01/2004
Proceedings: Order from the Second District Court of Appeal that check no. 269 from Phelps Dunbar was also received and has been returned with a copy of this letter to that office filed.
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Date: 03/24/2004
Proceedings: BY ORDER OF THE COURT: Appellants shall remit the $250 filing fee within 7 days or this appeal will be dismissed.
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Date: 01/27/2004
Proceedings: Statement of Service for Preparation of Record mailed to Filing Party.
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Date: 01/27/2004
Proceedings: Index transmitted to the District Court of Appeal.
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Date: 12/12/2003
Proceedings: Judicial Acts to be Reviewed filed.
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Date: 12/12/2003
Proceedings: Petitioners`/Appellants` Directions to Clerk filed.
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Date: 12/08/2003
Proceedings: Acknowledgement of New Case No. 2D03-5448 filed.
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Date: 12/04/2003
Proceedings: Certified Notice of Administrative Appeal sent to the DCA.
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Date: 12/03/2003
Proceedings: Notice of Administrative Appeal filed.
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Date: 11/18/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
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Date: 11/17/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
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Date: 11/14/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
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Date: 11/13/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
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Date: 11/12/2003
Proceedings: DOAH Final Order
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Date: 11/12/2003
Proceedings: Certified Mail Receipt (USPS).
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Date: 11/12/2003
Proceedings: Summary Final Order of Dismissal. CASE CLOSED.
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Date: 11/03/2003
Proceedings: (Proposed) Final Order (filed by Respondent via facsimile).
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Date: 11/03/2003
Proceedings: Notice of Filing Proposed Final Order (filed by Respondent via facsimile).
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Date: 10/31/2003
Proceedings: Petitioners` Proposed Order on NICA`s Motion for Final Summary Order (filed via facsimile).
Date: 10/22/2003
Proceedings: Transcript filed.
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Date: 10/22/2003
Proceedings: Notice of Filing Original Transcript filed by Respondent.
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Date: 09/26/2003
Proceedings: Order. (Intervenors, Morton Plant Hospital Association, Inc.; Catherine Cozad, M.D.; Slayden, Cozad & Hemsath`s Woman to Woman, P.A.; and D.A. Kobliska, C.N.M., are deemed to have withdrawn from these proceedings and, since they are no longer parties, are removed from the service list)
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Date: 09/26/2003
Proceedings: Petitioners` Memorandum of Law in Opposition to NICA`s Motion for Final Summary Order (filed via facsimile).
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Date: 09/25/2003
Proceedings: Letter to Judge Kendrick from W. Bowles advising of confidential settlement (filed via facsimile).
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Date: 09/24/2003
Proceedings: Joint Stipulation of Facts filed.
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Date: 09/11/2003
Proceedings: Letter to Judge Kendrick from A. Rosin regarding changing the date of the hearing concerning the issue of the settlement between Dr. Cozad and CNM Kobliska (filed via facsimile).
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Date: 09/08/2003
Proceedings: BY ORDER OF THE COURT: Pursuant to the notices of voluntary dismissal filed herein, the appeals are dismissed.
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Date: 09/04/2003
Proceedings: Letter to Judge Kendrick from A. Rosin stating the hearing concerning the issues of the settlement has been changed to a telephone conference for the same date and time (filed via facsimile).
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Date: 08/28/2003
Proceedings: Letter to Judge Kendrick from J. Martin, Jr., stating the appeals previously filed pertaining to your order on compensability and notice have been voluntary dismissed by the parties filing the same (filed via facsimile).
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Date: 08/27/2003
Proceedings: Respondent`s Response to Petitioners` Amendment to Petition filed.
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Date: 08/26/2003
Proceedings: (Proposed) Order filed.
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Date: 08/26/2003
Proceedings: Respondent`s Stipulated Motion to File Settlement Documents Under Seal filed.
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Date: 08/21/2003
Proceedings: Amendement to Petition filed by Petitioner.
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Date: 08/21/2003
Proceedings: Letter to Judge Kendrick from T. Crotts stating his clients have settled their disputes with Petitioners and therefore, will no longer participate in these matters filed.
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Date: 08/20/2003
Proceedings: Motion for Final Summary Order of Dismissal with Prejudice filed by Respondent.
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Date: 08/19/2003
Proceedings: Letter to Judge Kendrick from D. Whittemore stating he has received notices of voluntary of dismissal from each of the parties who appealed April 16, 2003, amended order on compensability and notice (filed via facsimile).
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Date: 08/18/2003
Proceedings: Notice of Voluntary Dismissal with Prejudice filed by T. Crotts.
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Date: 08/13/2003
Proceedings: Letter to Judge Kendrick from D. Whittemore regarding the status of above referenced matter (filed via facsimile).
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Date: 08/06/2003
Proceedings: Letter to Judge Kendrick from A. LaSpada objecting to any cancellation or delay of the hearing (filed via facsimile).
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Date: 08/04/2003
Proceedings: Letter to Judge Kendrick from D. Whittemore requesting that the hearing be cancelled (filed via facsimile).
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Date: 08/01/2003
Proceedings: Letter to Judge Kendrick from D. Whittemore requesting that the hearing be cancelled filed.
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Date: 07/31/2003
Proceedings: Letter to Judge Kendrick from D. Whittemore suggesting hearing be cancelled until Second District Court of Appeal dismisses the appeal, relinquishes jurisdiction, or issues a mandate (filed via facsimile).
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Date: 07/29/2003
Proceedings: Order of Pre-hearing Instructions.
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Date: 07/28/2003
Proceedings: BY ORDER OF THE COURT: Appellants` agreed motion to stay appeal is granted.
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Date: 07/22/2003
Proceedings: Notice of Hearing (hearing set for September 17, 2003; 9:00 a.m.; St. Petersburg, FL).
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Date: 07/11/2003
Proceedings: BY ORDER OF THE COURT: Appellees are directed to respond, within 10 days from the date of this order, to appellants` motion to stay appeal.
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Date: 07/03/2003
Proceedings: Agreed Motion to Stay Appeal filed by H. Sandridge.
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Date: 07/01/2003
Proceedings: Letter to Judge Kendrick from D. Dickey stating parties have not resolved the issues but are continuing to work on issues and an agreement may be reached prior to a hearing (filed via facsimile).
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Date: 06/27/2003
Proceedings: BY ORDER OF THE COURT: Appellants` motion to consolidate the above cases is consolidated.
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Date: 06/04/2003
Proceedings: Letter to D. Dickey from Judge Kendrick acknowledging receipt of letter off May 21, 2003 issued.
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Date: 05/27/2003
Proceedings: Notice of Filing, Amended Order on Compensability and Notice filed by T. Crotts.
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Date: 05/23/2003
Proceedings: Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D03-2283.
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Date: 05/22/2003
Proceedings: Order from the District Court of Appeal: "Appellant shall provide a conformed copy of the pertinent order(s) within seven days to this court."
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Date: 05/22/2003
Proceedings: Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D03-2273.
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Date: 05/22/2003
Proceedings: Letter to Judge Kendrick from D. Dickey requesting an additional 30 days to respond or schedule a hearing to resolve issues associated with the award (filed via facsimile).
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Date: 05/21/2003
Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Joinder in Appeal filed.
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Date: 05/15/2003
Proceedings: Notice of Administrative Appeal filed by Petitioners.
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Date: 05/15/2003
Proceedings: Notice of Appeal filed by T. Crotts.
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Date: 04/16/2003
Proceedings: Amended Order on Compensability and Notice issued.
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Date: 04/14/2003
Proceedings: Response of Intervenor Morton Plant Hospital Association, Inc. to Petitioners` Memorandum Regarding "Emergency Medical Condition" Issue filed.
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Date: 03/31/2003
Proceedings: Petitioners` Response and Memorandum of Law Regarding "Emergency Medical Condition" Issue (filed via facsimile).
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Date: 03/27/2003
Proceedings: Order issued. (Petitioner`s are accorded until March 31, 2003, to file their written submittal, all other parties are accorded until April 10, 2003, to file a response to Petitioner`s submittal)
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Date: 03/21/2003
Proceedings: Letter to Judge Kendrick from D. Dickey regarding written submittal (filed via facsimile).
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Date: 03/14/2003
Proceedings: Order issued. (all parties are accorded until March 21, 2003 to advise the undersigned in writing as to whether they wish to address the issues raised at the hearing by further written submittal)
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Date: 03/13/2003
Proceedings: Notice of Substitution of Attorney (filed by H. Rice, III).
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Date: 02/28/2003
Proceedings: Order issued. (motion for reconsideration filed by Intervenors is denied, Petitioner`s motion for reconsideration to amend final order is granted, the order on compensability and notice entered February 7, 2003, is vacated, Respondent`s motion for entry of final order and for clarification are denied)
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Date: 02/24/2003
Proceedings: Notice of Telephonic Hearing filed by T. Crotts.
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Date: 02/24/2003
Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s, Motion for Entry of Final Order and for Clarification (filed via facsimile).
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Date: 02/21/2003
Proceedings: Petitioner`s Response to Intervenors` Emergency Motion for Expedited Reconsideration (filed via facsimile).
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Date: 02/18/2003
Proceedings: Motion for Reconsideration to Amend Final Order (filed by Petitioners via facsimile).
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Date: 02/17/2003
Proceedings: Intervenor D.A. Kobliska C.N.M.`s Joinder in Emergency Motion for Expedited Reconsideration Filed by Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. (filed via facsimile).
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Date: 02/17/2003
Proceedings: Intervenors` Emergency Motion for Expedited Reconsideration filed.
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Date: 02/07/2003
Proceedings: Order on Compensability and Notice issued.
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Date: 01/28/2003
Proceedings: Proposed Final Order of Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
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Date: 01/27/2003
Proceedings: Intervenor D.A. Kobliska`s Proposed Final Order (filed via facsimile).
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Date: 01/27/2003
Proceedings: Notice of Filing Intervenor D.A. Kobliska`s Proposed Final Order (filed via facsimile).
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Date: 01/27/2003
Proceedings: Petitioner`s Proposed Final Order filed.
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Date: 01/24/2003
Proceedings: Proposed Final Order (filed by Respondent via facsimile).
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Date: 01/24/2003
Proceedings: Proposed Final Order of Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
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Date: 01/23/2003
Proceedings: Proposed Final Order of Intervenor Morton Plaint Hospital Association, Inc.* filed.
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Date: 01/15/2003
Proceedings: Notice of Filing Original Transcript filed by Respondent.
Date: 01/15/2003
Proceedings: Transcript (2 Volumes) filed.
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Date: 12/05/2002
Proceedings: Notice of Filing filed by K. Shipley.
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Date: 12/02/2002
Proceedings: Order issued. (Intervenors` motion to take judicial notice and supplemental motion to take judicial notice are granted, Petitioners` motion in limine is denied)
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Date: 11/22/2002
Proceedings: Letter to A. Cole from T. Crotts enclosing two additional copies of Intervenors supplemental motion to take judicial notice filed.
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Date: 11/21/2002
Proceedings: Petitioner`s Exhibits filed.
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Date: 11/21/2002
Proceedings: Intervenor`s Supplemental Motion to Take Judicial Notice filed.
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Date: 11/21/2002
Proceedings: Letter to Judge Kendrick from S.Martin enclosing Petitioner`s and Intervenor`s exhibits filed.
Date: 11/18/2002
Proceedings: Exhibits filed.
Date: 11/18/2002
Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
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Date: 11/18/2002
Proceedings: Petitioner`s Trial Brief filed.
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Date: 11/18/2002
Proceedings: Trial Brief of Intervenor Morton Plant Hospital Association, Inc. filed.
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Date: 11/18/2002
Proceedings: Intervenor D.A. Kobliska`s Memorandum of Law filed.
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Date: 11/18/2002
Proceedings: Trial Brief of Intervenors Cathering Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
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Date: 11/18/2002
Proceedings: Morton Plant Hospital Association, Inc.`s Notice of Service of Response to Petitioner`s Second Request for Production filed.
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Date: 11/18/2002
Proceedings: Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Notice of Filing Reports of Dr. Duchowny and Dr. Willis (filed via facsimile).
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Date: 11/18/2002
Proceedings: Petitioner`s Trial Brief (filed via facsimile).
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Date: 11/15/2002
Proceedings: Trial Brief of Intervenor Morton Plant Hospital Association, Inc. (filed via facsimile).
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Date: 11/12/2002
Proceedings: Second Notice of Taking Deposition, D.A. Kobliska filed by Petitioner.
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Date: 11/08/2002
Proceedings: Petitioner`s Motion in Limine (filed via facsimile).
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Date: 11/06/2002
Proceedings: Notice of Taking Deposition, D.A. Kobliska filed by Petitioner.
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Date: 10/28/2002
Proceedings: Intervenor Morton Plant Hospital Association, Inc.`s Request for Copies filed.
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Date: 10/25/2002
Proceedings: Intervenors` Motion to Take Judicial Notice filed.
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Date: 10/24/2002
Proceedings: Notice of Taking Depositions C. Brown*, D. Feingold* filed.
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Date: 10/24/2002
Proceedings: Notice of Taking Deposition J. Howell* filed.
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Date: 10/23/2002
Proceedings: Request for Copies filed T. Crotts
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Date: 10/21/2002
Proceedings: Notice of Taking Depositions, M. Musetts & Associates filed by Petitioner.
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Date: 10/21/2002
Proceedings: Petitioner`s Second Request for Production to Morton Plant Hosipital filed.
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Date: 10/21/2002
Proceedings: Petitioner`s Second Request for Production to CNM Kobliska filed by R. Gilbert.
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Date: 10/21/2002
Proceedings: Amended Notice of Taking Deposition of MPH`s Corporate Representative(s) filed by R. Gilbert.
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Date: 10/17/2002
Proceedings: Catherine Cozad, M.D.`s Answers to Interrogatories filed.
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Date: 10/17/2002
Proceedings: Response to Request for Production filed by Intervenors.
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Date: 10/08/2002
Proceedings: Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Notice of Service of Production of Documents (filed via facsimile).
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Date: 09/18/2002
Proceedings: Amended Notice of Taking Deposition of MPH`s Corporate Representative(s) filed.
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Date: 09/16/2002
Proceedings: Intervenor Morton Plant Hospital Association, Inc.`s Request for Copies filed.
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Date: 09/13/2002
Proceedings: Morton Plant Hospital`s Response to Petitioner`s First Request for Production filed.
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Date: 09/13/2002
Proceedings: Morton Plant Hospital Association, Inc.`s Notice of Service of Response to Petitioner`s First Request for Production filed.
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Date: 09/13/2002
Proceedings: Morton Plant Hospital Association, Inc.`s Notice of Service of Answers to Petitioner`s First Set of Interrogatories filed.
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Date: 09/11/2002
Proceedings: Notice of Taking Deposition of Judith Mansfield, R.N. filed.
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Date: 09/11/2002
Proceedings: Notice of Taking Deposition of MPH`s Corporate Representative(s) filed.
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Date: 09/11/2002
Proceedings: Petitioner`s First Request for Production to NICA filed.
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Date: 09/09/2002
Proceedings: Petitioners` First Set of Interrogatories to Dr. Cozad filed.
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Date: 09/09/2002
Proceedings: Intervenor, D.A. Kobliska`s Response to Petitioner`s First Request for Production (filed via facsimile).
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Date: 09/09/2002
Proceedings: Intervenor D.A. Kobliska`s Response to Petitioner`s First Set of Interrogatories (filed via facsimile).
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Date: 09/09/2002
Proceedings: Request for Copies filed by T. Crotts.
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Date: 08/15/2002
Proceedings: Notice of Hearing issued (hearing set for November 18 through 20, 2002; 9:00 a.m.; St. Petersburg, FL).
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Date: 08/14/2002
Proceedings: Intervenor D. A. Kobliska`s Request for Copies (filed via facsimile).
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Date: 08/01/2002
Proceedings: Petitioners` Notice of Serving First Set of Interrogatories to Dr. Cozad filed.
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Date: 08/01/2002
Proceedings: Petitioners` First Request for Production to Morton Plant Hospital filed.
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Date: 08/01/2002
Proceedings: Petitioner`s Notice of Serving First Set of Interrogatories to Morton Plant Hospital filed.
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Date: 08/01/2002
Proceedings: Petitioner`s Notice of Serving First Set of Interrogatories to CNM Kobliska filed.
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Date: 08/01/2002
Proceedings: Petitioners` First Request for Production to Dr. Cozad & Woman to Woman Center filed.
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Date: 08/01/2002
Proceedings: Petitioners` First Request for Production to CNM Kobliska filed.
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Date: 07/18/2002
Proceedings: Letter to Judge Kendrick from D. Dickey requesting status conference for scheduling the evidentiary hearing filed.
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Date: 07/17/2002
Proceedings: Letter to Judge Kendrick from S. Martin responding to July 3, 2002 order (filed via facsimile).
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Date: 07/03/2002
Proceedings: Order issued. (parties shall advise the undersigned within fourteen days from the date of this order the earliest date they will be prepared to proceed to hearing on severel issues)
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Date: 06/28/2002
Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association, Response to Petition (filed via facsimile).
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Date: 06/20/2002
Proceedings: Order Granting Intervention issued. (D.A. Kobliska, C.N.M)
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Date: 06/20/2002
Proceedings: Order issued. (respondent`s motion is granted; respondent shall have up to June 30, 2002 to file response to petition)
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Date: 05/31/2002
Proceedings: Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Motion for Extension of Time in Which to Respond to Petition (filed via facsimile).
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Date: 05/29/2002
Proceedings: Notice of Appearence (filed by C. Bavol via facsimile).
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Date: 05/29/2002
Proceedings: Motion to Intervene (filed by D.A. Kobliska via facsimile).
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Date: 04/29/2002
Proceedings: Notice of Taking Deposition, L. Stevens, B. Stevens filed.
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Date: 04/08/2002
Proceedings: Notice of Appearance (filed by D. Whittemore).
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Date: 04/08/2002
Proceedings: Response to Petition filed by C. Cozad.
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Date: 03/26/2002
Proceedings: Order Granting Intervention issued.
Date: 03/19/2002
Proceedings: Order issued (Respondent shall file its response to the Petition by May 31, 2002).
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Date: 03/19/2002
Proceedings: Order issued (Respondent`s Motion to accept L. Larson as its qualified representative is granted).
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Date: 03/14/2002
Proceedings: Petition for Leave to Intervene filed by Morton Plant Hospital Association, Inc.
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Date: 03/14/2002
Proceedings: Motion for Extension of Time in which to Respond to Petition filed by Respondent.
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Date: 03/11/2002
Proceedings: Catherine Cozad, M. D.; Slayden, Cozad & Hemsath`s Woman to Woman Center, P. A.`s Motion to Intervene filed.
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Date: 03/08/2002
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by L. Larson.
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Date: 02/27/2002
Proceedings: Notice that this case is now before the Division of Administrative Hearings sent out.
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Date: 02/26/2002
Proceedings: Letter to parties of record from Ann Luchini enclosing NICA claim for compensation with medical records sent out.
Date: 02/13/2002
Proceedings: NICA Filing Fee; Check No. 18174; $15.00 (not available for viewing).
Date: 02/13/2002
Proceedings: NICA Medical Records filed (not available for viewing).
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Date: 02/13/2002
Proceedings: Petition filed.

Case Information

Judge:
WILLIAM J. KENDRICK
Date Filed:
02/25/2002
Date Assignment:
02/27/2002
Last Docket Entry:
01/07/2005
Location:
St. Petersburg, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

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