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Case Information

Filed 2024-06-01
Type Cc Pers Injury Malpractice
Docket 60 entries
Disposition disposed

Parties

Plaintiff Bockapperson, Jennifer Nichole|Hirth, John Andrew
Defendant Foster, Raymond T

Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Summons Issued-Circuit Document ID: 24-SMCC-660, for FOSTER, RAYMOND T Attorneys are to print two copies to attach to petition to send directly to the sheriff for service. Sheriff's fee has been paid (ad)
  3. Order Parties are ordered to submit joint proposed scheduling order within 30 days of the date that an answer or pleading in response to the petition is filed. In addition to all customary deadlines, the scheduling order shall provide that jury instructions shall be filed two weeks before the date of the pretrial conference. JH/II (ad)
  4. <td></td><td></td><td></td>
  5. Filing Info Sheet eFiling Filed By: JOHN ANDREW HIRTH
  6. Note to Clerk eFiling Filed By: JOHN ANDREW HIRTH
  7. rder Now, on this 8th day of September, 2024, the Court takes up for ruling in chambers Defendant Raymond T. Foster, M.D.'s Motion to Dismiss Plaintiff's First Amended Petition for Damages filed 8-14-24, which matter was taken under advisement by the Court following the hearing held in this case on 9-3-24. Accepting the well-pleaded facts of the First Amended Petition as true, which the Court must do for purposes of analyzing the subject motion, it is clear to the Court that Plaintiff has alleged that a continuing care relationship existed between herself and Defendant through at least September 21, 2022. Given this finding, which itself obligates the Court to deny Defendant's Motion to Dismiss, the Court need not address Defendant's separate arguments regarding the inapplicability of the foreign-objects exception to Missouri?s two-year statute of limitation. Accordingly, Defendant's Motion to Dismiss filed 8-14-24 is DENIED. JCD/IV (ad) Associated Entries: 09/03/2024 - Cause Taken Under Advisement +
  8. ause Taken Under Advisement Plaintiff by Hirth and Kempf. Defendant by La Mar and Caldera. Case called for hearing on Defendant's Motion to Dismiss filed 8-14-24. Cause is taken under advisement for future ruling. JCD/IV (ad) Associated Entries: 08/12/2024 - Hearing Continued/Rescheduled + Associated Entries: 08/14/2024 - Motion Hearing Scheduled Associated Entries: 09/08/2024 - Order + Scheduled For: 09/03/2024; 1:30 PM; JOSHUA CALVIN DEVINE; Boone
  9. RIFS/Unredacted Document Reply Suggestions in Support of Defendant Fosters Motion to Dismiss Plaintiffs First Amended Petition; Electronic Filing Certificate of Service in associated to Support filed on 08/29/2024. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 08/29/2024 - Suggestions in Support +
  10. uggestions in Support Reply Suggestions in Support of Defendant Fosters Motion to Dismiss Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 08/29/2024 - CRIFS/Unredacted Document +
  11. RIFS/Unredacted Document CRIFS - Unredacted Suggestions in Opposition to Defendants Motion to Dismiss; Electronic Filing Certificate of Service in associated to Opposition filed on 08/19/2024. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON Associated Entries: 08/19/2024 - Suggestions in Opposition +
  12. uggestions in Opposition Plaintiffs Suggestions in Opposition to Defendants Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON Associated Entries: 08/19/2024 - CRIFS/Unredacted Document +
  13. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  14. RIFS/Unredacted Document Suggestions in Support of Defendant Raymond Foster, MDs Motion to Dismiss Plaintiffs First Amended Petition for Damages; Electronic Filing Certificate of Service in associated to Support filed on 08/14/2024. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 08/14/2024 - Suggestions in Support +
  15. uggestions in Support Suggestions in Support of Defendant Raymond Foster, MDs Motion to Dismiss Plaintiffs First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 08/14/2024 - CRIFS/Unredacted Document +
  16. otion to Dismiss Defendant Raymond Foster, MDs Motion to Dismiss Plaintiffs First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  17. otion Hearing Scheduled Associated Entries: 09/03/2024 - Cause Taken Under Advisement + Scheduled For: 09/03/2024; 1:30 PM; JOSHUA CALVIN DEVINE; Boone
  18. otion to Dismiss Defendant Raymond Foster, MDs Motion to Dismiss Plaintiffs First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  19. earing Continued/Rescheduled Plaintiff by Hirth. Defendant by LaMar. By agreement, case reset for motion hearing on 9-3-24 at 1:30 p.m. in Division 4. JCD/IV (ad) Associated Entries: 08/02/2024 - Motion Hearing Scheduled + Associated Entries: 09/03/2024 - Cause Taken Under Advisement + Hearing Continued From: 08/12/2024; 1:30 PM Motion Hearing
  20. rder Granting Ext of Time
  21. otion Hearing Scheduled Revised Event Information: New EventDate: 08/12/2024; Associated Entries: 08/12/2024 - Hearing Continued/Rescheduled + Scheduled For: 08/12/2024; 1:30 PM; JOSHUA CALVIN DEVINE; Boone
  22. roposed Order Filed Proposed Order Granting Extension of Time to File Affidavit of Healthcare Provider; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  23. uggestions in Support Suggestions in Support of Unopposed Motion for Extention of Time to File Affidavit of Healthcare Provider; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  24. otion for Extension of Time Unopposed Motion for Extension of Time to File Affidavit of Healthcare Provider; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  25. RIFS/Unredacted Document First Amended Petition for Damages; Electronic Filing Certificate of Service in associated to No Fees filed on 08/02/2024. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON Associated Entries: 08/02/2024 - Amended Motion/Petition Filed +
  26. mended Motion/Petition Filed First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON Associated Entries: 08/02/2024 - CRIFS/Unredacted Document +
  27. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  28. mended Motion/Petition Filed First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON Associated Entries: 08/02/2024 - CRIFS/Unredacted Document +
  29. rder for Change of Judge Case is reassigned to Div 4. JHJ/I (ad)
  30. rd Transfer P/Judge for Assn Motion for CJ granted, cause to PJ for reassignment. KC/III (ad)
  31. udge/Clerk - Note Cause not set due to Plaintiff's motion for change of judge. (ad)
  32. rd Transfer P/Judge for Assn Motion for CJ granted, cause to PJ for reassignment. KC/III (ad)
  33. otion for Change of Judge Plaintiffs Application for Change of Judge; Electronic Filing Certificate of Service. Filed By: JOHN ANDREW HIRTH On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  34. ntry of Appearance Filed Entry of Appearance - Shannon Kempf; Electronic Filing Certificate of Service. Filed By: SHANNON TODD KEMPF On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  35. ert Serv Req Prod Docs Things Certificate of Service - Plaintiffs First Interrogatories and Request for Production to Defendant; Electronic Filing Certificate of Service. Filed By: SHANNON TODD KEMPF On Behalf Of: JENNIFER NICHOLE BOCK-APPERSON
  36. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  37. RIFS/Unredacted Document Suggestions in Support of Defendant Raymond T. Foster, M.D.s Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service in associated to Support filed on 07/26/2024. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 07/26/2024 - Suggestions in Support +
  38. uggestions in Support Suggestions in Support of Defendant Raymond T. Foster, M.D.s Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 07/26/2024 - CRIFS/Unredacted Document +
  39. otion to Dismiss Defendant Raymond T. Foster, M.D.s Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  40. uggestions in Support Suggestions in Support of Defendant Raymond T. Foster, M.D.s Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER Associated Entries: 07/26/2024 - CRIFS/Unredacted Document +
  41. rder for Change of Judge Case is reassigned to Div 3. JHJ/I (ad)
  42. rd Transfer P/Judge for Assn Defendant's motion for change of judge granted. Cause to presiding judge for reassignment. RJH/II (ad)
  43. rder for Change of Judge Case is reassigned to Div 3. JHJ/I (ad)
  44. otion for Change of Judge Motion for Change of Judge; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  45. ntry of Appearance Filed Entry of Appearance of Phebe La Mar; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  46. otion for Change of Judge Motion for Change of Judge; Electronic Filing Certificate of Service. Filed By: PHEBE LAMAR On Behalf Of: RAYMOND T FOSTER
  47. ummons Personally Served Document ID - 24-SMCC-660; Served To - RAYMOND T FOSTER; Served Date - 06/27/2024; Served Time - 07:25:00; Service Type - SD; Reason Description - SERV; Service Text -
  48. otice of Service BOCK-APPERSON V FOSTER 24BA-CV02500; Electronic Filing Certificate of Service.
  49. ummons Issued-Circuit Document ID: 24-SMCC-660, for FOSTER, RAYMOND T Attorneys are to print two copies to attach to petition to send directly to the sheriff for service. Sheriff's fee has been paid (ad)
  50. rder Parties are ordered to submit joint proposed scheduling order within 30 days of the date that an answer or pleading in response to the petition is filed. In addition to all customary deadlines, the scheduling order shall provide that jury instructions shall be filed two weeks before the date of the pretrial conference. JH/II (ad)
  51. ummons Issued-Circuit Document ID: 24-SMCC-660, for FOSTER, RAYMOND T Attorneys are to print two copies to attach to petition to send directly to the sheriff for service. Sheriff's fee has been paid (ad)
  52. iling Info Sheet eFiling Filed By: JOHN ANDREW HIRTH
  53. ote to Clerk eFiling Filed By: JOHN ANDREW HIRTH
  54. iling Info Sheet eFiling Filed By: JOHN ANDREW HIRTH
  55. ote to Clerk eFiling Filed By: JOHN ANDREW HIRTH

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