Petitioner: TANYA SHEFFIELD AND RODNEY SHEFFIELD, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS FOR ZANIAH SHEFFIELD, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Orlando, Florida
Filed: Mar. 12, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 8, 2014.
Latest Update: May 23, 2014
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order approving Florida Birth-Related Neurological Injury Association`s acceptance of the claim for compensation.
04-0822fo.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
TANYA SHEFFIELD AND RODNEY )
SHEFFIELD, individually, and as ) parents and natural guardians ) for ZANIAH SHEFFIELD, a minor, )
)
Petitioners, )
)
vs. )
)
FLORIDA BIRTH-RELATED )
NEUROLOGICAL INJURY )
COMPENSATION ASSOCIATION, )
)
Respondent. )
Case No. 04-0822N
)
FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES
This cause came on to be heard pursuant to Sections 766.304 and 766.305(6), Florida Statutes,1 upon the stipulation and joint petition of the parties, filed May 21, 2004, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.
By the terms of their stipulation, the parties have agreed that Petitioners, Tanya Sheffield and Rodney Sheffield, are the parents and natural guardians of Zaniah Sheffield (Zaniah), a
minor; that Zaniah was born a live infant on January 12, 2002, at Florida Hospital Orlando, a hospital located in Orlando, Florida; and that her birth weight exceeded 2,500 grams. The parties have further agreed that obstetrical services were provided by Melissa Moore, M.D., during Zaniah's birth, and that Dr. Moore was, at all times material hereto, a participating physician in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, the parties have agreed that Zaniah suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED that:
The stipulation of the parties, filed May 21, 2004, is hereby approved, and the parties are directed to comply with the provisions thereof.
Petitioners, Tanya Sheffield and Rodney Sheffield, as the parents of Zaniah Sheffield, a minor, are awarded of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1, Florida Statutes, to be paid in lump sum.
Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants), attorney's
fees and other expenses of Twelve thousand ninety dollars and forty-three cents ($12,090.43), and past expenses, the claims of Petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31, to pay future expenses as incurred.
The Division of Administrative Hearings retains jurisdiction over this matter to resolve any dispute as to the interpretation of any provision of the parties' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.
DONE AND ORDERED this 25th day of May, 2004, in Tallahassee, Leon County, Florida.
S
WILLIAM J. KENDRICK
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 25th day of May, 2004.
ENDNOTE
1/ All citations are to Florida Statutes (2001) unless otherwise indicated.
COPIES FURNISHED:
(via certified mail)
Scott McMillen, Esquire McMillen, Reinhart & Voght, P.A.
111 North Orange Avenue, Suite 1450 Orlando, Florida 32801
Kenney Shipley, Executive Director Florida Birth-Related Neurological
Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567
Tallahassee, Florida 32308
Melissa Moore, M.D.
531 North Maitland Avenue Maitland, Florida 32751
Vanessa Vizcaino, M.D.
2501 North Orange Avenue, Suite 235
Orlando, Florida 32804
Florida Hospital Orlando 601 East Rollins Avenue Orlando, Florida 32803
Ms. Charlene Willoughby Department of Health
4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Docket for Case No: 04-000822N
Issue Date |
Proceedings |
May 23, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 19, 2014 |
BY ORDER OF THE COURT: Ordered that Petitioner's Notice of Voluntary Dismissal is approved and the above-styled cause is dismissed.
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May 15, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 13, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 12, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 08, 2014 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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May 08, 2014 |
Final Order Approving Stipulation for Settlment. CASE CLOSED.
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May 07, 2014 |
Stipulation For Settlement filed.
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Apr. 30, 2014 |
Petitioners' Notice of Deposition Cancellation (of Maria Martinez-Cruz, M.D.) filed.
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Apr. 29, 2014 |
Notice of Cancellation of Deposition (of Michael Duchowny, M.D.) filed.
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Apr. 29, 2014 |
Notice of Cancellation of Deposition (of Maria Martinez-Cruz, M.D.) filed.
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Apr. 29, 2014 |
Order Granting Continuance (parties to advise status by May 9, 2014).
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Apr. 28, 2014 |
Joint Motion for Continuance filed.
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Apr. 22, 2014 |
Petitioners' Request for Copies of Documents Produced in Response to NICA's Notice of Production from Non-party filed.
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Apr. 22, 2014 |
Notice of Filing Subpoenas Duces Tecum in Accordance with Order on Motion to Compel and Motion for Protective Order Entered April 22, 2014 filed.
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Apr. 22, 2014 |
Letter to parties of record from Judge Kirkland.
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Apr. 22, 2014 |
Order on Motion to Compel and Motion for Protective Order.
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Apr. 22, 2014 |
(Respondent's) Response to Petitioners' Motion for Reconsideration or in the Alternative Motion for Stay filed.
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Apr. 17, 2014 |
Petitioners' Motion for Reconsideration or in the Alternative Motion for Stay filed.
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Apr. 16, 2014 |
CASE STATUS: Motion Hearing Held. |
Apr. 15, 2014 |
Notice of Cancellation of Depositions (of Tanya Sheffield and Rodney Sheffield) filed.
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Apr. 10, 2014 |
Acknowledgment of New Case, Fifth DCA Case No.5D14-1207 filed.
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Apr. 10, 2014 |
Notice of Telephonic Status Conference (status conference set for April 16, 2014; 12:00 p.m.).
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Apr. 09, 2014 |
Objection to Petitioner's Subpoena Duces Tecum Directed to Michael Duchowny, M.D. and Motion to Quash Subpoena Duces Tecum filed.
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Apr. 09, 2014 |
Letter to Judge Kirkland from David Caldevilla regarding the petitioners' second set on interrogatories filed.
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Apr. 08, 2014 |
(Respondent's) Motion for Protective Order filed.
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Apr. 08, 2014 |
(Respondent's) Response to Petitioners' Second Request for Production filed.
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Apr. 08, 2014 |
Notice of Filing Petitioners' Answers to Interrogatories (signed) filed.
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Apr. 08, 2014 |
Notice of Filing Petitioners' Answers to Interrogatories (unsigned) filed.
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Apr. 08, 2014 |
Response to Petitioner's Objection to NICA's Notice of Production from Non-Parties filed.
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Apr. 02, 2014 |
Petitioners' Objection to NICA's Notice of Production from Non-parties filed.
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Mar. 26, 2014 |
Petitioners' Cross-notice of Taking Deposition (of Maria Martinez-Cruz, M.D.) filed.
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Mar. 26, 2014 |
Subpoena Duces Tecum (Michael Duchowny, M.D.) filed.
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Mar. 26, 2014 |
Petitioners Cross-Notice of Taking Deposition Duces Tecum (Michael Duchowny, M.D.) filed.
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Mar. 26, 2014 |
Re-Notice ofTaking Telephonic Deposition Duces Tecum (of Dr. Martinez-Cruz) filed.
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Mar. 25, 2014 |
Re-notice of Taking Deposition (of Michael Duchowny, M.D.) filed.
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Mar. 24, 2014 |
Notice of Production from Non-party filed.
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Mar. 21, 2014 |
Petitioners' Notice of Service of Rodney Sheffield's Answers to Respondent (NICA)'s First Set of Interrogatories filed.
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Mar. 21, 2014 |
Petitioners' Notice of Service of Tanya Sheffield's Answers to Respondent (NICA)'s First Set of Interrogatories filed.
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Mar. 20, 2014 |
Order on Motion to Determine Deposition Fee.
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Mar. 20, 2014 |
Order on Motion to Stay Enforcement of Order on Petitioners` Motion to Compel.
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Mar. 19, 2014 |
Notice of Taking Deposition (of Michael Duchowny, M.D) filed.
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Mar. 19, 2014 |
Re-notice of Taking Deposition (of Rodney Sheffield) filed.
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Mar. 19, 2014 |
Re-notice of Taking Deposition (of Tanya Sheffield) filed.
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Mar. 17, 2014 |
(Respondent's) Motion to Stay Enforcement of Order on Petitioner's Motion to Compel filed.
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Mar. 13, 2014 |
Notice of Telephonic Evidentiary Hearing (hearing set for March 19, 2014; 8:30 a.m.).
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Mar. 12, 2014 |
Response to ALJ's Order of March 7, 2014 filed.
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Mar. 12, 2014 |
Letter to Beth Chapman from Lourdes Valles regarding revised motion deposition statement filed.
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Mar. 11, 2014 |
Respondent (NICA's) First Set of Interrogatories to Petitioner,Rodney Sheffield filed.
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Mar. 11, 2014 |
Respondent (NICA's) First Set of Interrogatories to Petitioner, Tanya Sheffield filed.
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Mar. 11, 2014 |
Amended Order.
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Mar. 11, 2014 |
CASE STATUS: Motion Hearing Held. |
Mar. 11, 2014 |
Petitioners' Second Notice of Supplemental Authority Concerning NICA's Motion to Compel Production of Petitioner's Income Tax Return filed.
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Mar. 07, 2014 |
Notice of Telephonic Motion Hearing (motion hearing set for March 11, 2014; 2:00 p.m.).
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Mar. 07, 2014 |
Order (parties shall file status on or before March 17, 2014).
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Mar. 07, 2014 |
Order on Petitioners` Motion to Compel.
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Feb. 26, 2014 |
Petitioners' Second Request for Production to NICA filed.
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Feb. 26, 2014 |
Sheffields' Notice of Serving Second Set of Interrogatories to NICA filed.
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Feb. 26, 2014 |
Petitioners' Unopposed Motion for Telephonic Status Conference filed.
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Feb. 07, 2014 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for July 8, 2014; 9:30 a.m.; Orlando, FL).
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Jan. 31, 2014 |
Notice of Production from Non-Party filed.
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Jan. 31, 2014 |
Petitioners' Unopposed Motion for Continuance filed.
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Jan. 22, 2014 |
Notice of Ex-parte Communication.
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Jan. 17, 2014 |
Letter to Judge Kirkland from M. Martinez-Cruz, M.D. regarding opposing NICA's motion in regards to my deposition filed.
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Jan. 16, 2014 |
Petitioners' Response to NICA's Motion to Determine Deposition Fee filed.
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Jan. 15, 2014 |
Notice of Production from Non-party filed.
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Jan. 15, 2014 |
Motion to Determine Deposition Fee filed.
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Jan. 13, 2014 |
Notice of Cancellation of Deposition (Maria Martinez-Cruz, M.D's) filed.
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Dec. 23, 2013 |
Petitioners' Cross-notice of Taking Deposition (of Prashant Desai, M.D.) filed.
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Dec. 23, 2013 |
Petitioners' Cross-notice of Taking Deposition (of Maria Martinez-Cruz) filed.
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Dec. 20, 2013 |
Notice of Taking Telephonic Deposition Duces Tecum (of Maria Martinez-Cruz, M.D.) filed.
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Dec. 20, 2013 |
Notice of Taking Telephonic Deposition Duces Tecum (of Preshant Desai, M.D.) filed.
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Dec. 13, 2013 |
Memorandum of Law filed.
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Dec. 13, 2013 |
Petitioners' Memorandum of Law Concerning Pending Discovery Motions filed.
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Dec. 12, 2013 |
Notice of Supplemental Authority Concerning Petitioners' Response to Motion to Compel filed.
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Dec. 06, 2013 |
Order Granting Extension of Time.
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Dec. 06, 2013 |
Response to Request for Admissions filed.
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Dec. 06, 2013 |
Notice of Filing Amended Answers to Interrogatories filed.
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Dec. 05, 2013 |
Notice of Filing Answer to Interrogatory filed.
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Dec. 04, 2013 |
Letter to Judge Kirkland from David Caldevilla regarding in camera inspection documents filed.
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Dec. 04, 2013 |
Petitioner' Unopposed Motion for 7-Day Time Extension filed.
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Nov. 22, 2013 |
Order on Motions to Compel.
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Nov. 21, 2013 |
Sheffield's Notice of Serving Amended Interrogatory to NICA filed.
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Nov. 14, 2013 |
Notice of Hearing by Teleconference filed.
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Nov. 14, 2013 |
NICA's Response to Petitioners' Motion to Compel for in Campera Inspection and/or for Sanctions filed.
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Nov. 05, 2013 |
Order Granting Extension of Time.
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Nov. 05, 2013 |
Agreed Motion for Extension of Time filed.
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Nov. 01, 2013 |
Petitioners' Notice of Filing Exhibits H and I to Motion to Compel for in Camera Inspection and/or for Sanctions filed.
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Oct. 31, 2013 |
Petitioner's Motion to Compel for in Camera Inspection and/or for Sanctions filed.
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Oct. 31, 2013 |
Notice of Cancellation of Hearing by Teleconference filed.
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Oct. 25, 2013 |
Notice of Taking Deposition (of Tanya Sheffield) filed.
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Oct. 25, 2013 |
Notice of Taking Deposition (of Rodney Sheffield) filed.
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Oct. 25, 2013 |
Sheffield's Request for Copies of Documents Received from Children's Medical Services filed.
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Oct. 24, 2013 |
Notice of Prodution from Non-party filed.
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Oct. 24, 2013 |
Notice of Hearing by Teleconference filed.
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Oct. 23, 2013 |
Petitioners' Response in Opposition to NICA's "Motion to Permit Respondent to Respond to Petitioner's Motion to Strike NICA's Response to Petitioner's Response to Motion to Compel" filed.
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Oct. 22, 2013 |
Motion to Permit Respondent to Respond to Petitioner's Motion to Strike NICA's Response to Petitioner's Response to Motion to Compel filed.
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Oct. 22, 2013 |
Notice of Appearance (Nicolas Porter) filed.
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Oct. 21, 2013 |
Petitioners' Motion to Strike NICA's Response to Petitioners' Response to Motion to Compel filed.
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Oct. 21, 2013 |
NICA's Response to Petitioner's Response to Motion to Compel filed.
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Oct. 18, 2013 |
Petitioners' Response to Motion to Compel filed.
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Oct. 16, 2013 |
Order Granting Extension of Time.
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Oct. 16, 2013 |
Petitioners' Unopposed Motion for 5-Day Time Extension for Filing Response to Motion to Compel filed.
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Oct. 09, 2013 |
Motion to Compel filed.
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Oct. 09, 2013 |
Amended Notice of Hearing (hearing set for March 4, 2014; 9:30 a.m.; Orlando, FL; amended as to setting hearing for in-person).
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Oct. 08, 2013 |
Petitioners' Unopposed Motion to Modify Video Teleconference Hearing Process filed.
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Oct. 07, 2013 |
Petitioners' Response to Respondent's Request to Produce filed.
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Oct. 04, 2013 |
Sheffield's Request for Copies of Documents Received from Dr. Desai filed.
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Oct. 04, 2013 |
NICA's Response to First Request for Production of Documents by Sheffields filed.
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Oct. 04, 2013 |
NICA's Objection to Petitioner's Request for Admissions to NICA filed.
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Oct. 04, 2013 |
Notice of Filing Answers to Interrogatories filed.
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Oct. 02, 2013 |
Notice of Production from Non-party filed.
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Oct. 01, 2013 |
Order of Pre-hearing Instructions.
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Oct. 01, 2013 |
Notice of Hearing by Video Teleconference (hearing set for March 4, 2014; 9:30 a.m.; Orlando and Tallahassee, FL).
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Oct. 01, 2013 |
Response to ALJ's Order of September 19, 2013 filed.
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Sep. 19, 2013 |
Order (regarding availability, estimated hearing time, and venue for custodial benefits hearing).
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Sep. 19, 2013 |
Amended Reponse to Petition to Determine Benefits filed.
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Sep. 18, 2013 |
Response to Petition to Determine Benefits filed.
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Aug. 14, 2013 |
Petitioners' Notice of Filing Class Action Documents filed.
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Aug. 08, 2013 |
Response to ALJ's Order Continuing Case in Abeyance filed.
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Jul. 23, 2013 |
Sheffield's Request for Production to NICA filed.
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Jul. 23, 2013 |
Sheffield's Notice of Serving Fist Interrogatories to NICA filed.
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Jul. 23, 2013 |
Sheffield's Request for Admissions to NICA filed.
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Jul. 19, 2013 |
Sheffield's Request for Copies filed.
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Jul. 16, 2013 |
Notice of Production from Non-party filed.
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Jul. 16, 2013 |
Respondent's (NICA) Request to Produce to Petitioners filed.
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Jun. 05, 2013 |
Order Continuing Case in Abeyance (parties to advise status by August 9, 2013).
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Jun. 05, 2013 |
Response to ALJ's Order Placing Case in Abeyance filed.
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Apr. 19, 2013 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Apr. 17, 2013 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Apr. 17, 2013 |
Order Placing Case in Abeyance (parties to advise status by June 17, 2013).
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Apr. 17, 2013 |
Letter to parties of record from Judge Kirkland.
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Apr. 16, 2013 |
Motion for Extension to Respond to Petition and to Abate Proceedings filed.
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Apr. 16, 2013 |
Notice of Appearance (David Black) filed.
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Apr. 15, 2013 |
Petition to Determine Benefits filed.
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Apr. 12, 2013 |
Notice of Appearance (David Caldevilla) filed.
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Jun. 04, 2004 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 01, 2004 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 28, 2004 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 25, 2004 |
Certified Mail Receipt (USPS).
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May 25, 2004 |
Certified Mail Receipt (USPS).
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May 25, 2004 |
Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
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May 21, 2004 |
Notice of Filing, Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Meurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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May 05, 2004 |
Letter to S. McMillen from K. Shipley regarding copies of Dr. Duchowny and Dr. Willis` medical evaluations filed (not available for viewing). |
Apr. 27, 2004 |
Order (Respondent has until May 21, 2004, to file its response to the Petition).
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Apr. 22, 2004 |
Motion for Extension of Time in which to Respond to Petition (filed by Respondent via facsimile).
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Apr. 01, 2004 |
Order (Respondent`s motion to accept Kenney Shipley as its qualified representative is granted).
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Mar. 22, 2004 |
Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by K. Shipley.
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Mar. 15, 2004 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Mar. 15, 2004 |
Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
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Mar. 12, 2004 |
Nica Filing Fee, Check No. 20201, $15.00 filed. |
Mar. 12, 2004 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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Orders for Case No: 04-000822N
Issue Date |
Document |
Summary |
May 25, 2004 |
DOAH Final Order
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Final Order approving Florida Birth-Related Neurological Injury Association`s acceptance of the claim for compensation.
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