Free Status Report - District Court of Delaware - Delaware

Case 1 :04-cv-01540-GIVIS Document 32 Filed 05/O9/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GLADYS BAILEY, as the Administratrix :
ofthe Estate of DEBBIE BAILEY, : C.A. No. 04-l540—Gl\/IS
deceased, et al :
v
RONALD I. LEBMAN, M.D., et al
JOINT STATUS REPORT
In preparation for this conference, counsel has conferred with respect to all agenda items
listed below:
l. Jurisdiction and Service - Defendants contest Federal Subject Matter
Jurisdiction. All parties have been properly served.
2. Substance of Issues -
Plaintiffs - The Defendants werejointly and severally negligent in, among other things,
failing to timely and properly evaluate, monitor and treat Plaintiffs medical condition and also
failing to perfonn an appropriate screening examination and for stabilize decedent’s emergency
medical condition in violation ofthe EMTALA statutes, all of which ultimately caused Plaintiff
to suffer severe injuries and die.
Defendants - Dispute negligence, causation and damages.
3. Identification of Issues — Defendants dispute negligence, causation and damages.
4. Narrowing of Issues - No issues have been narrowed by agreement or by
motions.
5. Relief - Plaintiffs seek a jury trial.

Case 1:04-cv—O1540-Gl\/IS Documenti 32 Filed 05/O9/2005 Page 2 of 3
6. Amendment of Pleadings — None
7. Joinder of Parties - None
8. Discovery - All Plaintiffs have been produced and deposed. Plaintiffs are
attempting to schedule the depositions of the Defendant doctors and multiple employees of the
defendant hospital in addition to other fact and liability witnesses.
9. Estimated trial length — Plaintiff s Estimate: 14 days
Defendants’ Estimate: 4-5 days
10. Jury Trial - Yes
11. Settlement - Pursuant to 6 Del. §230l(d), Plaintiffs have made a demand of$1
million that will remain open for thirty-one (31) days. This demand is made only in the context of
a rapid and early settlement of this case. Should this demand not be accepted, Plaintiffs’ future
demand will be a si gniticant multiple of this number.
Defendants have made no offer.
12. Counsel for Plaintiffs and for Defense have conferred about each ofthe above
matters.
POTTER, CARIVIINE, LEONARD & AARON SON, IZA.
BY: Q (LCM
ST N POTT R, ESQUIRE
840 North Union Street
Post Office Box 514
Wilmington, Delaware 19899
(302) 658-8940
Attorney for Plaintiffs
and

Case 1:04-cv—O1540-G|\/IS Document 32 Filed 05/O9/2005 Page 3 of 3
Kuna afsjiz R, 1>.c.
BY:
ON AUSSPRUNG, ESQUIRE
OSHUA VAN NAARDEN, ESQUIRE
Nineteenth Floor
1525 Locust Street
Philadelphia, Pennsylvania 19102
(215)-772-1000
Pro Hac Attorney for Plaintiffs-
PRICKETT, JONES & ELLIOTT, PA.
BY:
MASON TURNER, ESQUIRE
1310 King Street
Wilmington, Delaware 19899
(302)-888-6508
Attorney for Defendants