Emerson v. Corizon Health Services et al
| Gary John Emerson |
| Corizon Health Services, Christine Pereira, Charles L Ryan, Unknown Lavoy, Unknown Howritiz, Unknown Lasac and Angela Townsend |
| 2:2015cv00093 |
| January 20, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Eileen S Willett (PS) |
| Roslyn O Silver |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
171
ORDER - (1) The reference to the Magistrate Judge is withdrawn as to Plaintiffs Motion to Enlarge Time to Serve (Doc. 142 ), Defendants' Motion for Summary Judgment (Doc. 146 ), and Defendants' Motion to Strike (Doc. 170 ). (2) The Feb ruary 15, 2019 Report and Recommendation (Doc. 154 ) is adopted. Plaintiff's Motion to Enlarge Time to Serve (Doc. 142 ) Defendants Robertson and Shuman is denied. Defendants Robertson and Shuman are dismissed for failure to serve. (3) Defe ndants' Motion for Summary Judgment (Doc. 146 ) is granted, and the action is terminated with prejudice. The Clerk of Court must enter judgment accordingly. (4) Defendants' Motion to Strike (Doc. 170 ) is denied as moot. (See document for further details). Signed by Senior Judge Roslyn O Silver on 9/30/19. (LAD)
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Filing
166
ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED the Report and Recommendation 54 is ADOPTED. Defendants Peretra and Townsend are DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED the Appeals of Magistrate Judge Orders 157 163 are DEN IED. IT IS FURTHER ORDERED Plaintiff shall file his opposition to the motion for summary judgment no later than September 6, 2019. Defendants shall file their reply no later than September 13, 2019. IT IS FURTHER ORDERED the Clerk of Court must send a copy of this Order to Plaintiff at his current address of record in Florence, AZ and to the Tucson complex, Whetstone Unit, 10000 South Wilmot, Tucson, AZ 85734. Signed by Senior Judge Roslyn O Silver on 8/16/19. (CLB)
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Filing
161
ORDER granting in part and denying in part Plaintiff's 150 Motion to Enlarge Time to Respond Under 56 as set forth herein. IT IS FURTHER ORDERED extending the deadline for Plaintiff to respond to Defendants' 146 Motion for Summa ry Judgment to April 3, 2019. IT IS FURTHER ORDERED denying as moot Defendants' 151 "Motion to Strike Plaintiff's Proffer of Cases". IT IS FURTHER ORDERED granting Defendants' 152 "Motion to Strike Plaintiff's Request to Notice". IT IS FURTHER ORDERED striking Plaintiff's 149 Request to Notice. Signed by Magistrate Judge Eileen S Willett on 3/7/19. (MSA)
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Filing
153
ORDER denying Plaintiff's "Request for a Discovery Conference" 112 . IT IS FURTHER ORDERED denying Plaintiff's "Motion for Supeana [sic] Duces Tecum" 128 . Signed by Magistrate Judge Eileen S Willett on 2/13/2019. (REK)
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Filing
103
ORDER - IT IS ORDERED granting Plaintiff's "Motion to Provide Addresses Under Seal" (Doc. 57 ). IT IS FURTHER ORDERED that by September 21, 2018, counsel for Defendant Corizon shall file with the Court, under seal, the last known h ome addresses of Defendants Dr. Lasac, Dr. Horwitz, and Dr. Lavoy. Upon the filing of Defendants Dr. Lasac, Dr. Horwitz, and Dr. Lavoy's addresses, the Clerk of Court is directed to prepare service packets and forward them to the United Stat es Marshals Service for service of process. IT IS FURTHER ORDERED extending the service deadline as to Defendants Dr. Lasac, Dr. Horwitz, and Dr. Lavoy to October 31, 2018. IT IS FURTHER ORDERED granting Defendant Corizon's "Motion to Stri ke Plaintiff's Proffer of Cases" (Doc. 60 ). IT IS FURTHER ORDERED striking "Plaintiff's Proffer of Cases Where Defendants and DOC Through Counsel Falsify/Conceal Evidence" (Doc. 51 ). IT IS FURTHER ORDERED striking Plain tiff's Motions to Compel (Docs. 87 , 88 , 91 ). IT IS FURTHER ORDERED granting Plaintiff's "Motion to Abate Time First Request" (Doc. 90 ).IT IS FURTHER ORDERED extending the discovery deadline to November 7, 2018. The dispo sitive motion deadline is extended to December 7, 2018. IT IS FURTHER ORDERED denying Plaintiff's "Motion to Disqualify Counsel Due to Conflict" (Doc. 93 ). IT IS FURTHER ORDERED granting Plaintiff's "Motion to Abate Time to Serve Shuman" (Doc. 100 ). IT IS FURTHER ORDERED extending the service deadline as to Defendant Shuman to November 30, 2018. Signed by Magistrate Judge Eileen S Willett on 9/14/18. (LAD)
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Filing
62
ORDER striking 56 Motion to Take Written Dispositions Plaintiff Moves the Court for an Order Taking Written Dispositions of the Cuslodian [sic] Of Records. IT IS FURTHER ORDERED that by June 22, 2018, Plaintiff shall file a Notice of Service in compliance with LRCiv 5.2 indicating that on May 22, 2018, Plaintiff served a Notice of Deposition of Defendant Corizon Health Inc.'s Custodian of Records. Signed by Magistrate Judge Eileen S Willett on 6/11/18. (MSA)
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Filing
50
ORDER (Service Packet): IT IS ORDERED that Defendants Corizon, Lavoy, Horwitz, Lasac, Ryan, Grafton, Johnson, Robertson, Shuman, Fizer, and Smith-Whitson must answer the 48 Second Amended Complaint. FURTHER ORDERED thatthe Clerk of Court shall sen d Plaintiff a service packet including the Second Amended Complaint, this Order and the Court's January 11, 2018 36 Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver o f Service of Summons form for Defendants Lavoy, Horwitz, Lasac, Ryan, Grafton, Johnson, Robertson, Shuman, Fizer, and Smith-Whitson. Plaintiff shall complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 5/7/2018. (ATD)
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Filing
33
ORDER ADOPTING 26 REPORT AND RECOMMENDATION. Defendant Townsend is DISMISSED without prejudice for failure to timely effect service. FURTHER ORDERED Plaintiff's "Motion Request Supoenas [sic] Duces Tecum-and cause NOT to dismiss Motion but hold in Abeyance" (Doc. 21 ) is DENIED. Signed by Senior Judge Roslyn O Silver on 9/1/17. (EJA)
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Filing
17
ORDER that the Attorney General's Office confirm by Notice to the Court filed within ten (10) days of the filing of this Order that the address provided under seal (Doc. 14 ) is complete as known to the Attorney General's Office through co nfirmation with the Arizona Department of Corrections. If additional address information becomes known, counsel shall file same under seal in conjunction with the filing of the Notice to the Court. IT IS FURTHER ORDERED that the Clerk of Court prepar e and send to USMS another service packet for service of the Summons and Complaint upon Defendant Townsend upon receipt of the Attorney General's filing of the Notice to the Court, utilizing the additional address information which may be filed under seal, if any. FURTHER ORDERED that the time for completing service is extended sixty days from the date this Order is filed. If Plaintiff does not obtain either a waiver of service of the summons or complete service of the Summons and Complaint on Defendant Townsend, the action may be dismissed. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(i). IT IS FURTHER ORDERED granting the "Motion for Address Correction and Notice of Eratum [sic]" (Doc. 16 ) to the extent set forth above. Signed by Magistrate Judge Eileen S Willett on 5/20/2016. (See Order for complete details.)(KMG)
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