Uptegrove v. United States Of America

New York Southern District Court
Judge:	Paul E Davison
Case #:	7:16-cv-07027
Nature of Suit	362 Torts - Personal Injury - Medical Malpractice
Cause	28:1346 U.S. Defendant

Case Filed:	Sep 08, 2016
Terminated:	May 31, 2018

Docket
Parties (2)

Last checked: Tuesday Mar 07, 2017 3:55 AM EST

Defendant United States Of America 86 Chambers Street 3rd Floor New York, NY 10007	Represented By Talia Kraemer U.S. Attorney'S Office, Sdny contact info
Plaintiff Clifford Uptegrove OTISVILLE FEDERAL CORRECTIONAL INSTITUTION FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 1000 OTISVILLE, NY 10963	Represented By Brian Michael Dratch Franzlau Dratch, P.C. contact info

Docket last updated: 01/26/2025 11:59 PM EST

Thursday, May 31, 2018
48		48 order Judgment - Clerk Fri 06/01 11:04 AM CLERK'S JUDGMENT re:47 Order on Motion to Dismiss/Lack of Jurisdiction in favor of United States Of America against Clifford Uptegrove. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision & Order dated May 30, 2018, Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED. Based on the foregoing, the Court GRANTS Defendant's motion to dismiss for lack of subject matter jurisdiction; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/31/2018)(km) Related: [-]
		Att: 1 Right to Appeal
Wednesday, May 30, 2018
47		47 10 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Wed 05/30 5:36 PM DECISION & ORDER granting40 Motion to Dismiss for Lack of Jurisdiction. Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED...Based on the foregoing, the Court GRANTS Defendant's motion to dismiss for lack of subject matter jurisdiction. The Clerk of the Court is directed to terminate all pending motions and close the case, and as further set forth herein. (Signed by Magistrate Judge Paul E. Davison on 5/30/2018) (ras) Related: [-]
		misc Transmission to Judgments and Orders Clerk Wed 05/30 5:37 PM Transmission to Judgments and Orders Clerk. Transmitted re:47 Decision and Order to the Judgments and Orders Clerk. (ras) Related: [-]
Friday, May 04, 2018
46		46 respm Reply Memorandum of Law in Support of Motion Fri 05/04 7:55 PM REPLY MEMORANDUM OF LAW in Support re:40 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by United States Of America. (Kraemer, Talia) Related: [-]
Monday, April 23, 2018
45		45 5 pgs respm Memorandum of Law in Opposition to Motion Mon 04/23 1:12 PM FIRST MEMORANDUM OF LAW in Opposition re:40 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
		Att: 1 Affidavit Declaration of Brian M. Dratch,
		Att: 2 Exhibit A,
		Att: 3 Exhibit B,
		Att: 4 Exhibit C
Monday, April 16, 2018
44		44 order Order on Motion for Extension of Time to File Response/Reply Mon 04/16 2:49 PM ORDER granting43 Letter Motion for Extension of Time to File Response/Reply re40 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 4/23/2018 (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
Friday, April 13, 2018
43		43 motion Extension of Time to File Response/Reply Fri 04/13 4:41 PM FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Paul E. Davison from Brian M. Dratch, Esq. dated April 13, 2018. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Friday, March 16, 2018
42		42 respm Declaration in Support of Motion Fri 03/16 8:55 PM DECLARATION of Talia Kraemer in Support re:40 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G
41		41 8 pgs respm Memorandum of Law in Support of Motion Fri 03/16 8:53 PM MEMORANDUM OF LAW in Support re:40 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by United States Of America. (Kraemer, Talia) Related: [-]
40		40 motion Dismiss/Lack of Jurisdiction Fri 03/16 8:52 PM MOTION to Dismiss for Lack of Jurisdiction . Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Tuesday, February 13, 2018
		minutes Pre-Motion Conference Tue 02/13 2:52 PM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Pre-Motion Conference held on 2/13/2018. Defendant's motion to dismiss shall be filed by 3/16/18. Plaintiff's opposition shall be filed by 4/16/18. Defendant's reply shall be filed by 4/27/18. (Court Reporter Courtflow) (mc) Related: [-]
Wednesday, February 07, 2018
39		39 order Order on Motion to Adjourn Conference Wed 02/07 12:54 PM ORDER granting38 Letter Motion to Adjourn Conference Pre-Motion Conference set for 2/13/2018 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
38		38 motion Adjourn Conference Wed 02/07 10:56 AM FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Paul E. Davison from Brian M. Dratch, Esq. dated February 7, 2018. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Friday, February 02, 2018
37		37 misc Letter Fri 02/02 11:02 AM LETTER addressed to Magistrate Judge Paul E. Davison from Brian M. Dratch, Esq. dated 2/2/18 re: Response to Pre-Motion Letter from United States. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Friday, January 26, 2018
36		36 1 pgs order Order Fri 01/26 12:07 PM CANCELLATION NOTICE: The settlement conference scheduled for Tuesday, January 30, 2018, at 2:30 p.m., before the Honorable Lisa Margaret Smith, United States Magistrate Judge, in the matter of Uptegrove v. United States of America, 16- cv-0727 (PED), has been cancelled. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 1/26/2017) (rj) Related: [-]
35		35 order Order on Motion for Conference Fri 01/26 10:27 AM ORDER granting34 Letter Motion for Conference Pre-Motion Conference set for 2/7/2018 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison. Any responsive letter due 2/2/18. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
Thursday, January 25, 2018
34		34 motion Conference Thu 01/25 5:44 PM LETTER MOTION for Conference on Anticipated Motion Under Rule 12(h)(3) and for Adjournment of Settlement Proceedings addressed to Magistrate Judge Paul E. Davison from Talia Kraemer dated 01/25/2018. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Thursday, December 28, 2017
33		33 order Scheduling Order Thu 12/28 11:59 AM RE-SCHEDULING NOTICE: The matter of Uptegrove v. United States of America, 16- cv-07027 (PED) (LMS) has been re-scheduled from an in-person settlement conference on Wednesday, January 3, 2018, at 2:30 p.m., before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Tuesday, January 30, 2018, at 2:30 p.m., in Courtroom 520. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/28/2017) (rj) Related: [-]
Friday, December 01, 2017
32		32 order Scheduling Order Fri 12/01 2:47 PM RE-SCHEDULING ORDER: The matter of Uptegrove v. United States of America, 16-cv-07027 (PED) (LMS) has been re-scheduled from an in-person settlement conference on Thursday, December 7, 2017, at 2:30 p.m., before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Wednesday, January 3, 2018, at 2:30 p.m., in Courtroom 520. Counsel should either have: full independent settlement authority; principals present; or principals readily available by telephone. Please Note: Counsel seeking to reschedule an appearance must have all parties on the line prior to contacting Chambers. So ordered. (Settlement Conference set for 1/3/2018 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith). (Signed by Magistrate Judge Lisa Margaret Smith on 12/1/2017) (rjm) Related: [-]
Tuesday, November 28, 2017
31		31 order Scheduling Order Tue 11/28 2:45 PM SCHEDULING NOTICE: Settlement Conference set for 12/7/2017 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 11/28/2017) (rj) Related: [-]
Friday, November 17, 2017
30		30 order Order on Motion to Adjourn Conference Fri 11/17 11:55 AM ORDER granting29 Letter Motion to Adjourn Conference. Conference adjourned without date. Counsel should await instructions from Judge Smith regarding settlement conference scheduling. Counsel shall submit a status letter within 1 week in the event the case does not settle. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
Thursday, November 16, 2017
29		29 motion Adjourn Conference Thu 11/16 5:43 PM JOINT LETTER MOTION to Adjourn Conference and for Settlement Conference addressed to Magistrate Judge Paul E. Davison from Talia Kraemer dated November 16, 2017. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Tuesday, October 17, 2017
28		28 order Order on Motion for Extension of Time to Complete Discovery Tue 10/17 10:10 AM ORDER granting27 Letter Motion for Extension of Time to Complete Discovery. Expert discovery deadline extended to 11/17/17. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
Monday, October 16, 2017
27		27 motion Extension of Time to Complete Discovery Mon 10/16 6:52 PM LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Paul E. Davison from Talia Kraemer dated 10/16/2017. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Friday, September 29, 2017
		minutes Telephone Conference Fri 09/29 9:53 AM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 9/29/2017. Telephone Conference scheduled for 11/20/17 at 11:00 a.m. (mc) Related: [-]
Monday, September 11, 2017
26		26 1 pgs order Order Mon 09/11 3:41 PM ORDER: IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 35, that the physical examination of Clifford Uptegrove may be performed by Defendant's chosen examiner at FCI Otisville, Two Mile Drive, Otisville, NY 10963, or at such other place that he may be confined or to which he may be transported, on any date on or before September 29, 2017. So Ordered. (Signed by Magistrate Judge Paul E. Davison on 9/11/17) (yv) Related: [-]
25		25 1 pgs order Order on Motion for Extension of Time to Complete Discovery Mon 09/11 10:30 AM ORDER granting24 Letter Motion for Extension of Time to Complete Discovery. Application Granted. (Signed by Magistrate Judge Paul E. Davison on 9/11/17) (yv) Related: [-]
Friday, September 08, 2017
24		24 motion Extension of Time to Complete Discovery Fri 09/08 5:20 PM LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Paul E. Davison from Brian M. Dratch dated 9-8-17. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Tuesday, August 08, 2017
		minutes Telephone Conference Tue 08/08 10:07 AM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 8/8/2017. Next Telephone Conference scheduled for 9/29/17 at 9:30 a.m. (mc) Related: [-]
Thursday, June 29, 2017
23		23 order Order on Motion for Extension of Time to Complete Discovery Thu 06/29 12:33 PM ORDER granting22 Letter Motion for Extension of Time to Complete Discovery. GRANTED as requested. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
22		22 motion Extension of Time to Complete Discovery Thu 06/29 11:08 AM FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Paul E. Davison from Brian Dratch, Esq. dated 6/29/17. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Monday, June 12, 2017
		minutes Telephone Conference Mon 06/12 9:56 AM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 6/12/2017. Next Telephone Conference scheduled for 8/8/17 at 9:30 a.m. (mc) Related: [-]
Wednesday, April 19, 2017
		minutes Telephone Conference Wed 04/19 10:23 AM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/19/2017. Next telephone conference scheduled for 6/12/17 at 9:30 a.m. (mc) Related: [-]
Tuesday, March 21, 2017
21		21 order Scheduling Order Tue 03/21 12:16 PM SCHEDULING ORDER: Telephone Conference set for 4/19/2017 at 10:00 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 3/20/2017) (rj) Related: [-]
Thursday, March 02, 2017
20		20 order Scheduling Order Fri 03/03 11:09 AM CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. � 636(c). This case is not to be tried to a jury. Motions due by 4/3/2017. Deposition due by 8/14/2017. Fact Discovery due by 6/30/2017. Expert Discovery due by 8/14/2017. Discovery due by 9/1/2017. Case Management Conference set for 5/3/2017 at 09:30 AM before Magistrate Judge Paul E. Davison. The parties have conferred and their present best estimate of the length of the trial is 2-3 days. (Signed by Magistrate Judge Paul E. Davison on 3/2/2017) (mml) Related: [-]
19		19 order Scheduling Order Fri 03/03 10:57 AM SCHEDULING ORDER: The Court has scheduled a telephone conference before the Honorable Paul E. Davison, United States Magistrate Judge, on May 3, 2017 at 9:30 am. Plaintiff's counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. (Signed by Magistrate Judge Paul E. Davison on 3/2/2017) (mml) Related: [-]
		minutes Pretrial Conference - Initial Thu 03/02 12:29 PM Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Initial Pretrial Conference held on 3/2/2017. Case Management Plan adopted. (Court Reporter Courtflow) (mc) Related: [-]
Friday, February 10, 2017
18		18 order Order on Motion to Adjourn Conference Fri 02/10 12:17 PM ORDER granting17 Letter Motion to Adjourn Conference Pretrial Conference set for 3/2/2017 at 11:30 AM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) Related: [-]
Wednesday, February 08, 2017
17		17 motion Adjourn Conference Wed 02/08 6:14 PM LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Paul E. Davison from Talia Kraemer dated 02/08/2017. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Wednesday, February 01, 2017
16		16 order Scheduling Order Thu 02/02 12:18 PM SCHEDULING ORDER: The Court has scheduled an In Person conference before the Honorable Paul E. Davison, United States Magistrate Judge, on February 23, 2017 at 11:00 a.m. in Courtroom 420. (Signed by Magistrate Judge Paul E. Davison on 2/1/2017) (mml) Related: [-]
15		15 order Order Thu 02/02 12:10 PM ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes. (Signed by Magistrate Judge Paul E. Davison on 2/1/2017) (mml) Related: [-]
Monday, January 30, 2017
14		14 misc Consent to Jurisdiction by US Magistrate Judge Mon 01/30 4:03 PM CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: This case is referred to a United States magistrate judge Hon. Paul E. Davison, to conduct all proceedings and order the entry of a final judgment in accordance with 28 U,SC. � 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 1/27/2017) (lnl) Related: [-]
Wednesday, January 25, 2017
13		13 order Order on Motion to Adjourn Conference Wed 01/25 9:00 AM ORDER granting12 Letter Motion to Adjourn Conference: Conference adjourned to 1/30/2017 at 2:00 p.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) Related: [-]
Tuesday, January 24, 2017
12		12 motion Adjourn Conference Tue 01/24 6:29 PM LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Talia Kraemer dated 01/24/2017. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Tuesday, January 17, 2017
11		11 order Order on Motion to Adjourn Conference Tue 01/17 12:38 PM ORDER granting10 Letter Motion to Adjourn Conference: Conference scheduled for 1/18/2017 adjourned to 1/26/2017, at 10:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) Related: [-]
10		10 motion Adjourn Conference Tue 01/17 12:18 PM LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Brian M. Dratch, Esq. dated 1/17/2017. Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
Thursday, December 15, 2016
9		9 notice Notice of Hearing Fri 12/16 9:04 AM NOTICE OF INITIAL CONFERENCE: This matter has been scheduled for an initial case management and scheduling conference, pursuant to Fed. R. Civ. P. 16, on January 18, 2017 at 11:30 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. (Initial Conference set for 1/18/2017 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti) (lnl) Related: [-]
Monday, December 12, 2016
8		8 answer Answer to Complaint Mon 12/12 5:17 PM ANSWER to1 Complaint. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Thursday, November 17, 2016
7		7 order Order on Motion for Extension of Time to Answer Thu 11/17 5:00 PM ORDER granting6 Letter Motion for Extension of Time to Answer: Defendant's deadline to answer, move, or otherwise respond to complaint extended to 12/12/2016. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) Related: [-]
6		6 motion Extension of Time to File Answer Thu 11/17 3:19 PM LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Vincent L. Briccetti from Talia Kraemer dated 11/17/2016. Document filed by United States Of America.(Kraemer, Talia) Related: [-]
Monday, November 07, 2016
5		5 notice Notice of Appearance Mon 11/07 11:19 AM NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Of America. (Kraemer, Talia) Related: [-]
Thursday, September 08, 2016
4		4 service Summons Issued Fri 09/09 12:37 PM ELECTRONIC SUMMONS ISSUED as to United States Of America. (vf) Related: [-]
3		3 service Request for Issuance of Summons Thu 09/08 5:41 PM REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re:1 Complaint. Document filed by Clifford Uptegrove. (Dratch, Brian) Related: [-]
2		2 misc Civil Cover Sheet Thu 09/08 5:39 PM CIVIL COVER SHEET filed. (Dratch, Brian) Related: [-]
1		1 cmp Complaint Thu 09/08 5:35 PM COMPLAINT against United States Of America. (Filing Fee $ 400.00, Receipt Number 0208-12737660)Document filed by Clifford Uptegrove.(Dratch, Brian) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 09/09 12:27 PM ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Michael Dratch. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 28:1331pi Fed. Question: Personal Injury. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Cause of Action code has been modified to 28:1346. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 09/09 12:30 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (vf) Related: [-]
		utility Case Designation Fri 09/09 12:31 PM Magistrate Judge Paul E. Davison is so designated. (vf) Related: [-]
		utility Case Designated ECF Fri 09/09 12:32 PM Case Designated ECF. (vf) Related: [-]

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