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Date: 03-16-2018

Case Style:

Nicole Welker, Justin Brinkley and Charles B. Hadad v. Thomas A. Carnevale, M.D., Clear-Med OB/GYN, Clearfield Hospital

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Case Number: 3:14-cv-00149-KRG

Judge: Kim R. Gibson

Court: United States District Court for the Western District of Pennsylvania (Cambrian County)

Plaintiff's Attorney: Shanin Specter, Dominic G. Guerrini, Erica L. Laoughlin, Mark Polin, Nicholas J. Godfrey, Michael Oliverio,
Daniel P. Lynch

Defendant's Attorney: Michael D. Pipa, Collin T. Keyser, Luke T. Weber , Frank J. Hartye, John L. McIntyre, David R. Johnson, Daniel Joseph Margonari,

Description: Pittsburgh, PA - Nicole Welker, Justin Brinkley and Charles B. Hadad, as Guardian Ad Litem on behalf of JDWBII, a Minor, sued Thomas A. Carnevale, M.D., Clear-Med OB/GYN, Clearfield Hospital on medical malpractice theories.

Date Filed # Docket Text
01/08/2018 120 MOTION to Intervene to File Motion to Modify March 15, 2017 Order by Justin David Brinkley. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Godfrey, Nicholas) (Entered: 01/08/2018)
01/09/2018 121 NOTICE of Appearance by Daniel P. Lynch and Michael Oliverio on behalf of CHARLES B. HADAD. (Lynch, Daniel) (Entered: 01/09/2018)
01/22/2018 122 NOTICE of Appearance by Erica L Laughlin on behalf of NICOLE WELKER. (Laughlin, Erica) (Entered: 01/22/2018)
01/24/2018 123 MOTION for Leave to File Brief in Opposition to 120 Motion to Intervene and Nonconforming Brief by CHARLES B. HADAD. (Attachments: # 1 Proposed Order) (Lynch, Daniel) Modified on 1/25/2018. (cel) (Entered: 01/24/2018)
01/25/2018 124 ORDER granting 123 Motion for Leave to File, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/25/2018. (krh) (Entered: 01/25/2018)
01/26/2018 125 MOTION for Extension of Time to File Response/Reply as to 120 MOTION to Intervene to File Motion to Modify March 15, 2017 Order by NICOLE WELKER. (Attachments: # 1 Proposed Order) (Laughlin, Erica) (Entered: 01/26/2018)
01/29/2018 126 ORDER OF COURT granting 125 Motion for Extension of Time to File Response. Mother's Response(s) will be due on or before twenty (20) days from the date of this Order. Signed by Judge Kim R. Gibson on 1/29/2018. (dlg) (Entered: 01/29/2018)
01/31/2018 127 MOTION for Extension of Time to File Brief in Opposition to 120 MOTION to Intervene to File Motion to Modify March 15, 2017 Order by CHARLES B. HADAD. (Attachments: # 1 Proposed Order) (Oliverio, Michael) Modified on 1/31/2018. (cel) (Entered: 01/31/2018)
02/01/2018 128 ORDER granting 127 Motion for Extension of Time. Attorney Hadad shall file any cross-motions and supporting or responsive briefs relating to the cross-motion or to the pending Motion to Intervene on or by 2/2/2018. Signed by Judge Kim R. Gibson on 2/1/2018. (dlg) (Entered: 02/01/2018)
02/02/2018 129 MOTION TO APPROVE SPECIAL NEEDS TRUST re 120 MOTION to Intervene to File Motion to Modify March 15, 2017 Order filed by Justin David Brinkley by CHARLES B. HADAD. (Attachments: # 1 this attachment has been removed from public view, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order, # 7 Certificate of Service) (Oliverio, Michael) Modified on 2/5/2018. (cel) Modified on 2/7/2018. (jjg) (Entered: 02/02/2018)
02/02/2018 130 BRIEF in Support of 129 Cross Motion to Approve Special Needs Trust and in Opposition to 120 Motion to Intervene filed by CHARLES B. HADAD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order, # 6 Certificate of Service) (Oliverio, Michael) Modified on 2/5/2018. (cel) (Entered: 02/02/2018)
02/09/2018 131 MOTION for Extension of Time to File Response/Reply as to 129 MOTION TO APPROVE SPECIAL NEEDS TRUST filed by Justin David Brinkley by NICOLE WELKER. (Attachments: # 1 Proposed Order) (Laughlin, Erica) Modified on 2/13/2018. (cel) (Entered: 02/09/2018)
02/12/2018 132 ORDER OF COURT granting 131 Motion for Leave to File Response to Guardian Ad Litem's Cross-Motion to Approve Special Needs Trust. Mother's Response will be due on or before twenty (20) days from the date of this Order. Signed by Judge Kim R. Gibson on 2/12/2018. (dlg) (Entered: 02/12/2018)
02/16/2018 133 BRIEF in Opposition re 120 Motion to Intervene filed by NICOLE WELKER. (Attachments: # 1 Proposed Order) (Laughlin, Erica) (Entered: 02/16/2018)
02/19/2018 134 MOTION for Extension of Time to File Response/Reply as to 129 MOTION APPROVE SPECIAL NEEDS TRUST re 120 MOTION to Intervene to File Motion to Modify March 15, 2017 Order filed by Justin David Brinkley , MOTION for Leave to File Brief in Opposition to Motion to Approve Special Needs Trust and Reply in Support of Motion to Intervene to File Motion to Modify March 15, 2017 Order by Justin David Brinkley. (Attachments: # 1 Proposed Order) (Godfrey, Nicholas) (Entered: 02/19/2018)
02/20/2018 135 ORDER - upon consideration of the Motion for Extension of Time and Leave to File Brief in Opposition to Motion to Approve Special Needs Trust and Leave to File Reply in Support of Motion to Intervene to File Motion to Modify March 15, 2017 Order (the "Motion"), (Doc. No. 134 , filed by Justin David Brinkley ("Mr. Brinkley"), in his capacity as Guardian of the Estate of JDWBII, it is hereby ORDERED that the Motion is GRANTED, as follows: 1. Mr. Brinkley shall have until March 5, 2018 to file a Brief in Opposition to Charles B. Hadad, Esq.'s Motion to Approve Special Needs Trust. 2. Mr. Brinkley shall have until March 5, 2018 to file a Reply in Support of his Motion to Intervene to File Motion to Modify March 15, 2017 Order. Signed by Judge Kim R. Gibson on 2/20/2018. (dlg) (Entered: 02/20/2018)
03/05/2018 136 BRIEF in Support re 129 MOTION TO APPROVE SPECIAL NEEDS TRUST filed by NICOLE WELKER. (Laughlin, Erica) Modified on 3/5/2018. (cel) (Entered: 03/05/2018)
03/05/2018 137 REPLY BRIEF In Further Support of 120 Motion to Intervene to File Motion to Modify March 15,2017 filed by Justin David Brinkley. (Godfrey, Nicholas) Modified on 3/6/2018. (cel) (Entered: 03/05/2018)
03/05/2018 138 BRIEF in Opposition re 129 Motion to Approve Special Needs Trust filed by Justin David Brinkley. (Attachments: # 1 Exhibit A) (Godfrey, Nicholas) Modified on 3/6/2018. (cel) (Entered: 03/05/2018)
03/13/2018 139 SEALED ORDER. Signed by Judge Kim R. Gibson on 3/13/2018. (dlg) (Entered: 03/13/2018)
04/10/2018 140 MOTION for Leave to File Documents Under Seal by CHARLES B. HADAD. (Attachments: # 1 Certificate of Service) (Oliverio, Michael) (Entered: 04/10/2018)
04/10/2018 CLERK'S OFFICE QUALITY CONTROL MESSAGE re 140 Motion for Leave to File Documents Under Seal. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney is advised that, in the future, proposed orders are to be made attachments to the main document. This message is for informational purposes only. (cel) (Entered: 04/10/2018)
04/11/2018 141 ORDER granting 140 MOTION for Leave to File Documents Under Seal. There is no need to file a redacted public copy of the Motion to Amend Special Needs Trust with Exhibits. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg) Modified on 4/12/2018. (cel) (Entered: 04/11/2018)
04/12/2018 142 MOTION for Leave to File Motion for Emergency Relief Under Seal by NICOLE WELKER. (Attachments: # 1 Proposed Order) (Laughlin, Erica) Modified on 4/12/2018. (cel) (Entered: 04/12/2018)
04/12/2018 143 ORDER OF COURT granting 142 Motion for Leave to File Emergency Motion for Relief Under Seal. There is no need to file a redacted public copy of the Motion for Relief. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/12/2018. (dlg) Modified on 4/12/2018. (cel) (Entered: 04/12/2018)
04/13/2018 144 NOTICE of Appearance by Nicholas J. Godfrey on behalf of JUSTIN BRINKLEY. (Godfrey, Nicholas) (Entered: 04/13/2018)
04/13/2018 145 MOTION for Leave to File Documents Under Seal by JUSTIN BRINKLEY. (Attachments: # 1 Proposed Order) (Godfrey, Nicholas) (Entered: 04/13/2018)
04/13/2018 146 SEALED MOTION (This document Sealed pursuant to 143 Order on Motion to Seal Document) by NICOLE WELKER. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service) (cel) (Entered: 04/13/2018)
04/13/2018 147 ERROR: DOCUMENT IN ERROR: THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; MOTION to Amend/Correct Special Needs Trust by CHARLES B. HADAD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order, # 8 Certificate of Service) (Oliverio, Michael) Modified on 4/16/2018. (cel) (Entered: 04/13/2018)
04/13/2018 148 MOTION to Modify Proposed Special Needs Trust by JUSTIN BRINKLEY. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Godfrey, Nicholas) (Entered: 04/13/2018)
04/13/2018 149 BRIEF in Support re 148 Motion to Modify Special Needs Trust filed by JUSTIN BRINKLEY. (Attachments: # 1 Exhibit A) (Godfrey, Nicholas) (Entered: 04/13/2018)
04/13/2018 150 MOTION to Modify Special Needs Trust by NICOLE WELKER. (Laughlin, Erica) (Entered: 04/13/2018)
04/13/2018 151 SEALED MOTION (This document Sealed pursuant to 141 Order on Motion for Leave to File Documents Under Seal ) by CHARLES B. HADAD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order, # 8 Civil Cover Sheet) (cel) (Entered: 04/16/2018)
04/16/2018 152 ORDER granting 145 MOTION for Leave of Court to File Motion to Modify Proposed Special Needs Trust Under Seal. There is no need to file a redacted public copy of the Motion to Modify Proposed Special Needs Trust, and the same will be sealed permanently. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/16/2018. (dlg) Modified on 4/18/2018. (cel) (Entered: 04/16/2018)
04/16/2018 153 SEALED MOTION (This document Sealed pursuant to 152 Order on Motion for Leave to File Documents Under Seal), by JUSTIN BRINKLEY. (Attachments: # 1 Exhibit, # 2 Proposed Order) (jjg) (Entered: 04/16/2018)
04/16/2018 154 SEALED DOCUMENT by JUSTIN BRINKLEY. This document Sealed pursuant to 152 Order on Motion for Leave to File Documents Under Seal. (Attachments: # 1 Exhibit) (jjg) (Entered: 04/16/2018)
04/27/2018 155 MOTION for Leave to File Documents Under Seal by JUSTIN BRINKLEY. (Attachments: # 1 Proposed Order) (Godfrey, Nicholas) (Entered: 04/27/2018)
04/27/2018 156 BRIEF in Opposition re 151 Sealed Motion, 150 Motion to Modify filed by JUSTIN BRINKLEY. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Godfrey, Nicholas) (Entered: 04/27/2018)
04/27/2018 157 BRIEF in Opposition re 148 Motion to Modify Proposed Special Needs Trust filed by NICOLE WELKER. (Laughlin, Erica) Modified on 4/30/2018. (cel) (Entered: 04/27/2018)
04/30/2018 158 ---SEALED--SCANNED INCORRECTLY--ORDER OF COURT granting 155 MOTION for Leave to File Documents Under Seal. There is no need to file a redacted public copy of the Brief in Partial Opposition to Motion to Amend Special Needs Trust and Motion to Modify Special Needs Trust, and the same will be sealed permanently, subject to Order of Court. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/27/2018. (dlg) Modified on 4/30/2018. (dlg) Modified on 5/1/2018. (cel) (Entered: 04/30/2018)
04/30/2018 159 CORRECTIVE ENTRY re 158 Order granting Motion for Leave to File Documents Under Seal. There is no need to file a redacted public copy of the Brief in Partial Opposition to Motion to Amend Special Needs Trust and Motion to Modify Special Needs Trust, and the same will be sealed permanently, subject to order of Court. (dlg) (Entered: 04/30/2018)
04/30/2018 160 SEALED DOCUMENT by CHARLES B. HADAD. This document Sealed pursuant to 152 Order on Motion for Leave to File Documents Under Seal, (Attachments: # 1 Certificate of Service) (cel) (Entered: 04/30/2018)

Outcome: Settled for undisclosed sums and dismissed with prejudice.

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