State Board of Nursing vs. Smith, Mark

Case Details
Case Number 03-0249 BN
Case Type BN DED/Bd of Nursing
Case Name State Board of Nursing vs. Smith, Mark
Commissioner Karen A. Winn
Case Status Archived
Date Created 2003-02-20 15:04:06
Date Closed 2006-04-07 13:11:39
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for Winn, K 03-0249 BN State Board of Nursing vs. Smith, Mark Cancelled 2003-12-08 10:00:00 2003-12-08 17:00:00
Hearing Set for Winn, K 03-0249 BN State Board of Nursing vs. Smith, Mark 2003-08-18 09:00:00 2003-08-18 17:00:00
Hearing Set for St. Louis Cancelled 2004-03-16 09:00:00 2004-03-16 17:00:00
Pre Hearing Conference Set for Held 2004-01-28 14:00:00 2004-01-28 14:15:00
Pre Hearing Conference Set for Held 2004-03-09 09:00:00 2004-03-09 09:30:00
Hearing Set for St. Louis Continued 2004-07-26 10:00:00 2004-07-30 17:00:00
Hearing Set for JCMO Continued 2004-08-02 09:00:00 2004-08-06 17:00:00
Hearing Set for St Louis WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Ms. Loretta L. Schouten, Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr.] Continued 2004-12-06 10:00:00 2004-12-10 17:00:00
Hearing Set for JC WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Ms. Loretta L. Schouten, Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr.] Continued 2004-12-13 09:00:00 2004-12-17 17:00:00
Hearing Set for St. Louis WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr., Ms. Loretta L. Schouten] Held 2005-02-14 10:00:00 2005-02-18 17:00:00
Hearing Set for JCMO WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr., Ms. Loretta L. Schouten] Held 2005-02-22 09:00:00 2005-02-25 17:00:00
Pre Hearing Conference Set for JCMO WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr., Ms. Loretta L. Schouten] Held 2005-02-10 13:00:00 2005-02-10 14:00:00
Pre Hearing Conference Set for JCMO by phone WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr., Ms. Loretta L. Schouten] Held 2005-03-02 13:30:00 2005-03-02 14:00:00
Hearing Set for JCMO WinnK@exchange2003.intra.mo.gov W: #03-0249 BN State Board of Nursing vs. Smith, Mark[Mr. Kenneth W. Bean, Mr. G. N. Beckemeier, Jr., Ms. Loretta L. Schouten] Held 2005-03-01 10:00:00 2005-03-01 17:00:00
Correspondence
Reason Comments Date Sent Documents
Order Granting Mtn-Leave to Withdraw as Atty as Resp s attorneys (Paul Vanker and Lucy Unger)/ sh 2003-08-12 00:00:00
Order Issued granting Resp s motion to strike affidavits, motion to continue hearing, and motion to relocate hearing. HEARING RESCHEDULED 10:00 a.m., Monday, December 8, 2003, KAW/St. Louis, one day/ sh 2003-05-09 00:00:00
Hearing Notice sent-noh Stage: nc/nh/st9:00 AM, Monday, August 18, 2003, KAW/AHC, one day. NOC/NOH mailed certified 7160 3901 9844 8657 3078 rb. 2003-02-21 00:00:00
Objection Letter to Pet sent Stage: Petitioner's Objection LetterObj due 4/9/03 to Motion to Change Place of Hearing and Motion for Stay and/or Continuance or in the Alternative Motion for Issuance of Scheduling Order/ sh 2003-03-25 00:00:00
Objection Letter to Pet sent Stage: Petitioner's Objection LetterObj due 4/22/03 to Motion to Strike Affidavits/ sh 2003-04-15 00:00:00
Order Issued granting Resp's motion for continuance - Ptr has until 10/24/03 to respond to motion to compel/ sh 2003-10-10 10:28:00
Hearing Notice sent-Rescheduled Ltr Reschedule 9:00 AM, Tuesday, March 16, 2004, Room 116 Wainwright State Office Bld., St. Louis KAW rb 2003-10-29 13:32:00
Order Issued denying Resp's Motion to Compel Identification of Witnesses . . . ./ sh 2003-10-30 07:54:00
Hearing Continuance Denied Notice mailed rb. 2004-01-28 14:24:00
Hearing Contin Granted Ord mailed-reschedule later MARCH 16, 2004 HEARING CANCELLED/ORDER ISSUED. Prehearing conference 9:00 AM, Tuesday, March 9, 2004 rb. 2004-03-03 13:51:00
Order Issued 10:00 AM, July 26, 2004 thru July 30, 2004, the Gallery, Wainwright State Office Bld., St. Louis, KAW/one week. 9:00 AM, Monday, August 2, 2004 thru August 6, 2004, KAW/one week. 2004-03-10 14:30:00
Objection Letter to Resp sent - ROBDU Obj due 5/24/04 to mtn to hold record open for add'l expert testimony. sh 2004-05-04 08:03:00
Order Issued granting Ptr's mtn to hold record open for add'l expert testimony - parties shall respond by 6/8/04 giving available dates. sh 2004-05-26 12:53:00
Hearing Notice sent-Ord Grant Contin-Reschedule JULY 26, 2004 HEARING CONTINUED, ORDER ISSUED. Reschedule 10:00 AM, December 6, 2004 thru Friday, December 10, 2004 in St. Louis Gallery of the Wainwright Bld. and 9:00 AM, December 13, 2004 thru Friday, December 17, 2004 in JCMO, KAW two weeks rb. 2004-06-16 09:07:00
Objection Letter to Pet sent Obj due 7/13/04 to mtn for reconsideration of 6/16/04 order. sh 2004-06-29 08:57:00
Order Denying Resps Mtn to Reconsider sh 2004-07-29 08:52:00
Objection Letter to Pet sent Obj due 11/9/04 to request for specific date and time for testimony of Dr. Tom Johnson. sh 2004-11-02 07:28:00
Order Issued denying mtn to strike affidavit of Dawn Schappe. sh 2004-11-16 08:36:00
Hearing Notice sent-Ord Grant Contin-Reschedule 10 AM, Mon-Fri, Feb 14 thru Feb 18, 2005, Room 116, Wainwright Bld., St. Louis. 9 AM, Tues-Fri, Feb 22 thru Feb 25, 2005, JCMO KAW rb. 2004-12-02 09:15:00
Order Issued pre-trial scheduling order, PHC 1:00 PM, Thursday, February 10, 2005 by phone rb. 2005-01-28 13:12:00
Order Issued ruling on Resp's motion in limine. sh 2005-02-25 09:19:00
Order Issued denying Resp's motion for directed determination. sh 2005-03-08 13:58:00
Briefing Schedule mailed Ptr 9/26/05 - Resp 10/26/05; reply 11/10/05. sh 2005-08-26 09:47:00
Briefing Schedule Revised mailed Ptr 10/21/05 - Resps 11/21/05; reply 12/6/05. sh 2005-09-22 09:36:00
Briefing Schedule Revised mailed Resps 12/21/05 - reply 1/5/06. sh 2005-11-04 13:02:00
Certified to Board sh 2006-05-10 09:06:00
Case Documents
ID Type Comments Date Received
16211587 Certificate of Serv filed by Respondent of Responses and Objections to First Request for Admissions. nb 2003-09-11 13:50:00
16211734 Certificate of Serv - Answers filed by Respondent, and Objections to First Set of Interrogatories were mailed. nb 2003-09-02 13:53:00
16211841 Certificate of Serv filed by Respondent of Responses and Objections to First Request for Production. nb 2003-09-02 13:58:00
16212737 First Request for Admissions filed by Pet. nb 2003-07-23 15:27:00
16213495 Miscellaneous filed by Petitioner Memorandum about Response to Discovery. nb 2003-08-20 10:35:00
16213502 Motion to Withdraw as Attorney filed by Paul Venker and Lucy (Herbers) Unger as counsel for Respondent Mark Smith. nb 2003-08-11 09:43:00
16213636 Certificate of Serv - Interrogatories filed by Petitioner and First Request for Production. nb 2003-07-23 15:24:00
16213762 Entry of Appearance-Respondent filed 2003-08-04 10:31:00
16214421 Withdrawal as attorney for Petitioner by Rikki L. Jones and Shannon Wright Morgan and Entry of Appearance by Loretta L. Schouten. nb 2003-07-23 15:25:00
16215488 Certificate of Serv filed by Petitioner of Responses to Interrogatories & Responses to Request for Production of Documents. np 2003-04-23 10:43:00
16215767 Answer - Respondent filed by fax np 2003-03-24 12:20:00
16217945 Certified Receipt filed 7160 3901 9844 8657 3078 signed by Mark Smith dated 2/26/03. np 2003-02-27 13:43:00
16218034 Entry of Appearance-Respondent filed by Fax. np 2003-03-24 12:20:00
16218036 Motion to Relocate filed by Respondent by Fax (Change place of Hearing). np 2003-03-24 12:20:00
16218086 Certificate of Serv - Interrogatories filed by Respondent and Request for Production of Documents. np 2003-04-02 09:57:00
16218908 Motion for Stay filed by Fax from Respondent - and/or Continuance, or in the alternative, Motion for Issuance of Scheduling Order. np 2003-03-24 12:11:00
16218939 Complaint Filed rb 2003-02-18 15:06:00
16219854 Objection filed by Respondent to and Motion to Strike Affidavits of David Larkin, Laurie Taylor, Lisa Dauernheim and James Clayton. np 2003-03-28 14:35:00
16504553 Motion filed by Respondent to Compel Identification of Witnesses or, in the alternative, to Bar Petitioner from Introducing any Witnesses at Hearing, Application for A Continuance of 12/9/03 Hearing and Motion for Protective Order. nb 2003-10-03 08:15:00
16505742 Correspondence
16505826 Notice to Take Deposition filed by Respondent of James Clayton, Gerald Willaims, Robert Rump, David Wall and DAvid Larkin 10/16/03. nb 2003-10-09 14:00:00
16505827 Notice to Take Deposition filed by Respondent of Gary Smith, Virgil Shivers, Lisa Dauernheim, Laurie Taylor and Steve Ohlswanger 10/17/03. nb 2003-10-09 14:15:00
16508423 Response filed by Petitioner to Motion to Compel Identification of Witnesses or, in the alternative, to Bar Petitioner from Introducing any Witnesses at Hearing, Application for A Continuance of 12/9/03 Hearing and Motion for Protective Order. nb 2003-10-23 08:30:00
16509659 Correspondence
16509814 Correspondence
16525071 Motion for Continuance filed by Respondent from 3/16/04 to 3/18/04. nb 2004-01-28 09:01:00
16525206 Correspondence
16525685 Transcript filed 2004-01-30 15:58:00
16527786 Certificate of Serv filed by Petitioner of First Supplemental Response to Respondent's Interrogatory No. 3 and Respondent's Request for Production of Documents Nos. 8 & 10 were mailed. nb 2004-02-11 10:00:00
16530221 Motion for Continuance - Joint filed nb 2004-02-26 08:45:00
16531419 Correspondence
16531984 Certificate of Serv filed by Respondent of Supplemental Answers andd Objections to First Set of Interrogatory No. 7. nb 2004-03-05 13:57:00
16532497 Correspondence
16533038 Transcript filed Phone conference 2004-03-11 13:54:00
16538143 Notice to Take Deposition filed by Respondent of Marilyn Rantz, Ph.D., 4/27/04 at 10:00 a.m. nb 2004-04-09 13:53:00
16538146 Notice to Take Deposition filed by Respondent of Mary Stassi, R.N., 4/20/04 at 2:00 p.m. nb 2004-04-09 13:55:00
16538149 Notice to Take Deposition filed by Respondent of Dr. David Mehr, 4/20/04 at 10:00 a.m. nb 2004-04-09 13:57:00
16538815 Certificate of Serv filed by Petitioner of Second Supplemental Response to Interrogatory No. 3. nb 2004-04-15 14:31:00
16541693 Motion filed by Petitioner to Hold Record Open for Additional Expert Testimony. nb 2004-04-30 16:22:00
16541962 Correspondence
16546313 Correspondence
16548664 Memorandum filed by Allegra C. Frank, attorney, about availability for hearing dates. (by Fax) nb 2004-06-08 15:00:00
16548770 Memorandum filed by Lucy T. Unger, attorney, about availability for hearing dates. nb 2004-06-09 10:00:00
16548931 Motion for Continuance filed by Petitioner nb 2004-06-09 17:00:00
16550051 Correspondence
16551725 Memorandum filed by Respondent about available dates. nb 2004-06-23 14:30:00
16552131 Copy of correspondence filed Motion for Reconsideration of June 16, 2004 Order. nb 2004-06-25 08:45:00
16552746 Correspondence
16554095 Response filed by Petitioner to Dawn Schappes Motion for Reconsideration of 6/16/04 Order. nb 2004-07-06 09:45:00
16554979 Response filed by Teresa Johnson to Motion of Dawn Schappe for Reconsideration of 6/16/04 order. nb 2004-07-12 11:00:00
16555068 Response filed by Dawn Schappe to Response to Motion for Reconsideration of 6/16/04 order. (by Fax) nb 2004-07-12 15:30:00
16558614 Correspondence
16576739 Request filed by Respondent for specific date and time for testimony of Dr. Tom Johnson at hearing. nb 2004-11-01 09:15:00
16577004 Correspondence
16578119 Response filed by Petitioner to motion to strike testimony of expert witness Marilyn Rantz. nb 2004-11-05 16:30:00
16578819 Motion to Strike filed by Petitioner, Dawn Schappes Affidavit. nb 2004-11-09 16:30:00
16578824 Response filed by Petitioner to Dawn Schappes Motion for Summary Determination. nb 2004-11-09 16:30:00
16579560 Correspondence
16580435 Miscellaneous filed by Respondent Request for 15 Subpoenas. Mailed same this day - nb 2004-11-19 15:30:00
16581886 Motion for Continuance filed by Petitioner rb 2004-11-29 08:15:00
16582570 Correspondence
16593554 Motion filed Jointly for Entry of Pre-Trial Scheduling Order and Conference. nb 2005-01-26 16:15:00
16593996 Correspondence
16594408 Correspondence filed by Resp to advise Teresa Johnsons Designation of Deposition Testimony. (by Fax) nb 2005-01-31 13:45:00
16594534 Certificate of Serv filed by Petitioner of Witness List, Exhibit List and Deposition Designations faxed and e-mailed 4:55pm 1/31/05. nb 2005-02-01 09:15:00
16595258 Miscellaneous filed by Respondent Joint Witness List. nb 2005-02-03 11:00:00
16595261 Miscellaneous filed by Respondent Joint Exhibit List. nb 2005-02-03 11:00:00
16595262 Memorandum filed by Respondent Dawn Schappe of filing Designated Portions of Depositions to be presented at hearing. nb 2005-02-03 11:00:00
16595446 Miscellaneous filed by Respondent Deposition Designations. (by Fax) nb 2005-02-03 16:45:00
16595743 Hard Copy filed by Respondent of Deposition Designations. nb 2005-02-07 12:30:00
16595744 Correspondence filed by Respondent Notification of Adoption of all motions and responses filed by Co-respondents Schappe and Johnson including depostion designations. nb 2005-02-07 12:30:00
16596348 Motion filed by Respondent to Strike Allegations based on Vicarious Liability or, in the alternative, to Bar Introduction of such Evidence at Hearing or any comment thereon. (by Fax) nb 2005-02-08 16:45:00
16596384 Motion filed by Respondent Joint in limine to bar admission into evidence in whole or in part any references to deposition testimony taken in the tort lawsuits related to the deaths of KJ and FMB. (by Fax) nb 2005-02-09 10:30:00
16596446 Motion filed by Respondents Smith, Schappe and Johnson, In Limine and Incorporated Suggestions in Support as to General Hearing Matters. nb 2005-02-09 12:30:00
16596455 Motion filed by Respondents Smith, Schappe and Johnson, Joint motion in limine to Bar the Admission into evidence in whole or in part of any references to Public Agency Reports, Investigations, Interviews, and Conclusions and to Bar any References thereto. nb 2005-02-09 12:45:00
16596458 Memorandum filed by Respondents Smith, Schappe and Johnson, Joint, of Law in Support of motion in limine to Bar the Admission into evidence in whole or in part of any Public Agency Reports, Investigations, Interviews, and Conclusions or any References thereto. nb 2005-02-09 13:00:00
16597351 Hard Copy filed of Respondents Motion to Strike Allegations based on Vicarious Liability or, in the alternative, to Bar Introduction of such Evidence at Hearing or any comment thereon. (filed on 2/8/05) nb 2005-02-14 10:45:00
16599569 Correspondence
16600235 Objection filed by Respondent to Deposition Designations or, in the alternative, Memorandum of filing Counter-Designations to Deposition Designations. (by Fax) nb 2005-03-01 11:15:00
16600238 Memorandum filed by Respondent to join in the Deposition Objections and Designations of Teresa Johnson. (by Fax) nb 2005-03-01 11:15:00
16601026 Hard Copy filed of Respondents Objection to Deposition Designations or, in the alternative, Memorandum of filing Counter-Designations to Deposition Designations. nb 2005-03-03 12:15:00
16601027 Hard Copy filed by Respondent Memorandum to join in the Deposition Objections and Designations of Teresa Johnson. nb 2005-03-03 12:15:00
16601223 Motion filed by Respondent by Fax, for Directed Determination. nb 2005-03-03 17:00:00
16601759 Hard Copy filed by Respondent of Motion for Directed Determination. nb 2005-03-07 15:15:00
16602013 Correspondence
16602969 Correspondence filed by Respondent returning Joint Exhibit Designations/Counter-Designations/Objections Binder. nb 2005-03-11 11:30:00
16604456 Transcript filed dated 2/16/05 with disk, pages 662-965, pages 966-1032 word lists. nb 2005-03-21 13:00:00
16611694 Transcript filed BN vs. Smith -bjb 2005-04-21 14:04:00
16619302 Transcript filed 2005-05-23 10:35:00
16629721 Transcript filed BN vs. Mark Smith -bjb 2005-07-06 09:45:00
16632718 Transcript filed BN vs. Mark Smith -bjb 2005-07-19 08:45:00
16635687 Transcript filed BN vs. Smith -bjb 2005-07-29 09:54:00
16635742 Transcript filed BN. v. Smith - grs. 2005-07-29 11:39:00
16638563 Transcript filed BN v. Smith, Mark - grs. 2005-08-09 16:52:00
16642875 Transcript filed BN v. Smith, Mark - grs. 2005-08-26 09:39:00
16642892 Correspondence
16642917 Transcript filed BN vs. Mark Smith -bjb 2005-08-26 10:05:00
16642959 Transcript filed BN vs. Smith -bjb 2005-08-26 11:28:00
16647857 Motion for Ext of Time to File Brief filed by Petitioner, by Fax. nb 2005-09-21 17:00:00
16647899 Correspondence
16654329 Brief filed by Petitioner Proposed Findings of Fact and Conclusions of Law. (bound separately) nb 2005-10-21 16:45:00
16654716 Memorandum filed by Petitioner, Regarding Proposded Findings of Fact, Conclusions of Law and Legal Brief - exhibits not included at time of filing. nb 2005-10-24 15:45:00
16657048 Motion for Ext of Time to File Brief filed by Respondent. nb 2005-11-04 10:00:00
16657190 Correspondence
16665904 Brief filed by Respondent by Certified Mail received 12/22/05. nb 2005-12-20 14:00:00
16666811 Duplicate filing of Respondents Brief. nb 2005-12-28 09:30:00
16687554 Correspondence
16688592 Certified Receipt filed 7160 3901 9848 7758 2368 signed by Denise Lyle? dated 4/10/06. nb 2006-04-12 13:31:00
16694650 Correspondence
17552629 Decision 2006-04-07 00:00:00