Missouri Eastern District Court
Judge:Sarah E Pitlyk
Case #: 4:24-cv-00789
Nature of Suit362 Torts - Personal Injury - Medical Malpractice
Cause28:1441 Petition for Removal- Wrongful Death
Case Filed:Jun 05, 2024
Terminated:Mar 11, 2025
Case in other court:St. Louis City Circuit Court, 2322-CC01188
Last checked: Monday Dec 02, 2024 2:30 AM CST
Defendant
Barnes-Jewish Hospital
Represented By
Jonathan H. Garside
Stanton Barton LLC
contact info
Defendant
The Washington University
Represented By
Colleen Kinsey
Armstrong Teasdale Llp - St. Louis
contact info
Timothy J. Gearin
Armstrong Teasdale Llp - St. Louis
contact info
Maureen O. Bryan
Armstrong Teasdale Llp - St. Louis
contact info
Defendant
David Testrake
Represented By
Nicholas P. Llewellyn
United States Attorneys Office - St. Louis
contact info
Plaintiff
Donald Barnett
Represented By
Nicole Burlison Knepper
Padberg Appelbaum Knepper
contact info


Docket last updated: 04/28/2025 11:59 PM CDT
Tuesday, March 11, 2025
31 31 order A Docket Text Order with Schedules ~Util - Terminate Case Wed 03/12 9:17 AM
Docket Text ORDER: RE30 Stipulation for Dismissal. ; ORDERED SO ORDERED., Terminate Case.. Signed by District Judge Sarah E. Pitlyk on 03/11/2025. (LCR)
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Monday, March 10, 2025
30 30 notice Notice of Voluntary Dismissal Mon 03/10 11:31 AM
Stipulation for Dismissal NOTICE of Voluntary Dismissal by Donald Barnett (Knepper, Nicole)
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Wednesday, January 29, 2025
29 29 order Sealed Order Wed 01/29 2:25 PM
SEALED MEMORANDUM & ORDER IT IS HEREBY ORDERED that Plaintiff's Oral Motion for Leave to File Under Seal the Amount of Settlement, Doc. 28 , is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Settlement Approval, Doc.19 , is GRANTED. (See full Memo and Order for details.) Signed by District Judge Sarah E. Pitlyk on 01/29/2025. (KRZ)
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Tuesday, January 14, 2025
28 28 motion Oral Wed 01/15 12:13 PM
ORAL MOTION For Leave to Seal Settlement Amount by Plaintiff Donald Barnett. (LCR)
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27 27 minutes Settlement Conference Tue 01/14 3:53 PM
ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Settlement Conference held on 1/14/2025. Oral motion for leave to seal settlement amount. Parties have until Friday the 17th to file any supplemental motions to seal. Arguments Heard. Order to issue. (Court Reporter:Kristine Toennies, Kristine_Toennies@moed.uscourts.gov, 314-244-6701) (proceedings started: 3:15) (proceedings ended: 3:35) (Deputy Clerk: LCR)(Appearance for Plaintiff: Nicole Burlison Knepper)(Appearance for Defendant: Yiran Ryan Liu and Colleen Kinsey) (LCR)
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Monday, January 13, 2025
26 26 order A Docket Text Order with Schedules Mon 01/13 1:02 PM
Docket Text ORDER: IT IS HEREBY ORDERED a Settlement Conference is set for 1/14/2025 03:00 PM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk. Signed by District Judge Sarah E. Pitlyk on 01/13/2025. (KRZ)
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Thursday, January 02, 2025
25 25 3 pgs respm Memorandum in Support of Motion Thu 01/02 3:56 PM
MEMORANDUM in Support of Motion re19 First MOTION for Settlement filed by Plaintiff Donald Barnett.(Knepper, Nicole)
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Att: 1 Affidavit Exhibit A - Affidavit of Donald Barnett,
Att: 2 Exhibit Exhibit B - Witness List
Tuesday, December 31, 2024
24 24 order A Docket Text Order ~Util - Add and Terminate Parties Tue 12/31 12:08 PM
Docket Text ORDER: IT IS HEREBY ORDERED the Stipulation of Dismissal of Defendant David Testrate, M.D. is SO ORDERED. David Testrake (M.D.) terminated. Signed by District Judge Sarah E. Pitlyk on 12/31/2024. (KEK)
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Friday, December 27, 2024
23 23 misc Stipulation Fri 12/27 2:14 PM
STIPULATION of Dismissal of Defendant David Testrake, M.D. by Plaintiff Donald Barnett. (Knepper, Nicole)
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Friday, December 20, 2024
22 22 order A Docket Text Order with Schedules Fri 12/20 1:15 PM
Docket Text ORDER: IT IS HEREBY ORDERED the Motion for Wrongful Death Settlement is RESET: Motion Hearing set for 1/7/2025 11:30 AM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk. Signed by District Judge Sarah E. Pitlyk on 12/20/2024. (KEK)
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Monday, December 09, 2024
21 21 misc Entry of Appearance Mon 12/09 12:16 PM
ENTRY of Appearance by Yiran Ryan Liu for Defendant Barnes-Jewish Hospital. (Liu, Yiran)
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Thursday, December 05, 2024
20 20 order A Docket Text Order Thu 12/05 4:36 PM
Docket Text ORDER: IT IS HEREBY ORDERED that this case is set for a hearing regarding Plaintiff's Motion for Settlement Approval, Doc.19 , on Monday, January 6, 2025, at 11:00 a.m. in the courtroom of the undersigned. IT IS FURTHER ORDERED that the pending motion to remand, Doc.10 and motion to substitute party, Doc.14 , are DENIED as moot. Plaintiff must file for the Court's consideration all documents relevant to the hearing by no later than January 2, 2025, including, but not limited to, a memorandum in support of the motion for settlement approval, a copy of the settlement agreement, a witness list, and any supporting affidavits or other documents Plaintiff believes the Court will need to consider when evaluating the fairness and reasonableness of the proposed settlement. Signed by District Judge Sarah E. Pitlyk on December 5, 2024. (HEH)
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Tuesday, November 26, 2024
19 19 motion Settlement Tue 11/26 4:12 PM
First MOTION for Settlement by Plaintiff Donald Barnett. (Knepper, Nicole)
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Monday, October 07, 2024
18 18 8 pgs respm Memorandum in Opposition to Motion Mon 10/07 2:13 PM
MEMORANDUM in Opposition re14 MOTION to Substitute Party filed by Plaintiff Donald Barnett.(Knepper, Nicole)
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Att: 1 Exhibit Exhibit B - Training Affiliation Agreement,
Att: 2 Exhibit Exhibit C - City of St. Louis Circuit Court Petition
Friday, October 04, 2024
17 17 order A Docket Text Order Fri 10/04 3:34 PM
Docket Text ORDER: Re:16 First MOTION for Leave to File Memornadum in Opposition Out of Time by Plaintiff Donald Barnett. (Knepper, Nicole); ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 10/04/2024. (KRZ)
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Thursday, October 03, 2024
16 16 motion Leave to Thu 10/03 4:56 PM
First MOTION for Leave to File Memornadum in Opposition Out of Time by Plaintiff Donald Barnett.(Knepper, Nicole)
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Att: 1 Exhibit Exhibit A - Plaintiff's Memorandum in Opposition to USA's Motion to Substitute and for Dismissal of Dr. David Testrake,
Att: 2 Exhibit Exhibit B - Training Affiliation Agreement,
Att: 3 Exhibit Exhibit C - City of St. Louis Circuit Court Petition
Tuesday, August 13, 2024
15 15 respm Response to Motion Tue 08/13 2:38 PM
RESPONSE to Motion re10 First MOTION to Remand Case to State Court to Circuit Court of the City of Saint Louis 22nd Judicial Court - State of Missouri filed by Defendant David Testrake. (Llewellyn, Nicholas)
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14 14 motion Substitute Party Tue 08/13 2:37 PM
MOTION to Substitute Party by Defendant David Testrake.(Llewellyn, Nicholas)
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Att: 1 Exhibit A - Amended Certification of Scope of Employment
Wednesday, July 31, 2024
13 13 order A Docket Text Order Wed 07/31 1:19 PM
Docket Text ORDER: Re:12 Consent MOTION for Extension of Time to File Response/Reply; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/31/2024. (NEP)
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Tuesday, July 30, 2024
12 12 motion Extension of Time to File Response/Reply Tue 07/30 1:32 PM
Consent MOTION for Extension of Time to File Response/Reply as to10 First MOTION to Remand Case to State Court to Circuit Court of the City of Saint Louis 22nd Judicial Court - State of Missouri,11 Memorandum in Support of Motion, by Defendant David Testrake. (Llewellyn, Nicholas)
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Tuesday, July 16, 2024
11 11 7 pgs respm Memorandum in Support of Motion Tue 07/16 6:11 PM
MEMORANDUM in Support of Motion re10 First MOTION to Remand Case to State Court to Circuit Court of the City of Saint Louis 22nd Judicial Court - State of Missouri filed by Plaintiff Donald Barnett.(Knepper, Nicole)
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Att: 1 Exhibit Exhibit B - Training Affiliation Agreement
10 10 motion Remand to State Court Tue 07/16 6:07 PM
First MOTION to Remand Case to State Court to Circuit Court of the City of Saint Louis 22nd Judicial Court - State of Missouri by Plaintiff Donald Barnett.(Knepper, Nicole)
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Att: 1 Exhibit Exhibit A - Air Force Denial Letter
Monday, June 17, 2024
9 9 3 pgs misc Disclosure Statement (Disclosure of Organizational Interests) Mon 06/17 11:11 AM
AMENDED DISCLOSURE STATEMENT by The Washington University, 4260 Forest Park LLC, Arch to Park Equity Fund LLC, Big Brick Buildings ML LLC, Big Brick Buildings MT LLC, BJC Institute of Health at Washington University School of Medicine, Condominium Association, C2N Diagnostics LLC, Campus Integration South Condominium Association, Center for Emerging Technologies, Consortium for Graduate Studies in Management, CORTEX Commons LLC, Cortex, Cortex Support Corporation, Cortex TDG 1, LLC, CORTEX West Management Corporation, CORTEX West Redevelopment Corporation, CuriMeta, Inc., DVA/Washington University Healthcare Services of Greater St. Louis, L.L.C., Emerging Technologies Building II, LLC, Forest West Properties, Inc., Gateway Higher Education Cybersecurity Consortium, IITB-WUSTL Research and Educational Academy, Kingman Redevelopment Corp, Lewis Center ML, LLC, Lewis Center MT, LLC, MCC Condominium, Midwest Surgical Technologies, LLC, Molecular Biology Consortium, Pinnacle Consortium of Higher Education, St. Louis Innovation District, LLC, St. Louis Internet2 Access Consortium, LLC, St. Louis Land Company, L.L.C., Telecommunications Facilities Corp., The Children's Discovery Institute, The Heart Care Institute Affiliated Services, LLC, The Heart Care Institute, L.L.C., The International Pediatric Nutrition Alliance, LLC, University Athletics Association, University Reciprocal Manager, L.L.C., Washington University Medical Center, Washington University Medical Center Redevelopment Corp., Washington University Physicians in Illinois, Inc... (Kinsey, Colleen)
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Thursday, June 13, 2024
8 8 1 pgs misc Jury Demand Thu 06/13 4:40 PM
DEMAND for Trial by Jury by Plaintiff Donald Barnett. (Knepper, Nicole)
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Wednesday, June 12, 2024
7 7 2 pgs misc Disclosure Statement (Disclosure of Organizational Interests) Wed 06/12 3:06 PM
DISCLOSURE STATEMENT by The Washington University. No corporate parents or affiliates identified. (Bryan, Maureen)
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6 6 2 pgs misc Entry of Appearance Wed 06/12 2:56 PM
ENTRY of Appearance by Colleen Kinsey for Defendant The Washington University. (Kinsey, Colleen)
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Thursday, June 06, 2024
5 5 5 pgs answer Answer to Complaint Thu 06/06 10:11 AM
ANSWER OF BARNES-JEWISH HOSPITAL TO PLAINTIFF'S PETITION (JBH)
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4 4 7 pgs answer Answer to Complaint Thu 06/06 10:09 AM
DEFENDANT THE WASHINGTON UNIVERSITY'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S PETITION (JBH)
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3 3 5 pgs cmp Complaint (Removal/Transfer) - COURT USE ONLY Thu 06/06 10:03 AM
Petition Related [+] Received From: Circuit Court of St. Louis City, filed by Donald Barnett.(JBH)
Related: [-] moval/Transfer
misc Case Opening Notification Thu 06/06 11:04 AM
Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible.[LINK:(moed-0001.pdf)] . (JBH)
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Wednesday, June 05, 2024
2 2 2 pgs notice Notice of Filing Notice of Removal Wed 06/05 4:40 PM
NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant David Testrake, M.D. Sent To: Plaintiff (JBH)
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1 1 4 pgs cmp Notice of Removal Petition Wed 06/05 3:46 PM
NOTICE OF REMOVAL from St. Louis City Circuit Court, case number 2322-CC01188, Non-Jury Demand,, filed by David Testrake, M.D..(Llewellyn, Nicholas)
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Att: 1 1 pgs Exhibit A - Certification of Scope of Employment,
Att: 2 Civil Cover Sheet,
Att: 3 1 pgs Original Filing Form,
Att: 4 Notice of Filing Notice of Removal,
Att: 5 Notice of Filing to Plaintiff,
Att: 6 State Court file with docket sheet