Tate v. Lynch et al

Defendant: Jane Doe, Ms Lynch, S A Godinez, Louis Shicker, Terry Williams and Sandra Funk
Plaintiff: Carl Tate
 
Case Number: 3:2013cv03060
Filed: March 6, 2013
 
Court: Illinois Central District Court
Office: Springfield Office
County: Brown
Referring Judge: Byron G. Cudmore
Presiding Judge: Sue E. Myerscough
 
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Defendant

Available Case Documents

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Date Filed#Document Text
March 21, 2013 15 Opinion or Order of the Court OPINION (See Written Opinion): 1) Plaintiff's motion for a preliminary injunction/temporary restraining order is denied (d/e 3 ). 2) Plaintiff's motion to compel the prison to produce Plaintiff's trust fund statement is denied (d/e 5 ) as unnecessary. The clerk will obtain Plaintiff's trust fund information. 3) Plaintiff's motion for the appointment of counsel is denied (d/e 13 ). Entered by Judge Sue E. Myerscough on 3/21/2013. (VM, ilcd)
July 3, 2014 179 Opinion or Order of the Court OPINION (See Written Opinion): 1) Plaintiff's motion for permanent counsel is withdrawn ( 174 ). 2) The motion to stay deadlines by Plaintiff's counsel is granted ( 172 ). Discovery is stayed and new deadlines will be set after the new law students are sworn in and appointed to this case in August, 2014; 3) Dr. Koko's motion for an order authorizing the release of Plaintiff's mental health records is granted ( 171 ). Plaintiff consents to the production of his menta l health records. Those records are relevant to the claims and defenses in this case and are thus discoverable. Accordingly, Defendants are authorized to serve subpoenas to obtain Plaintiff's mental health records, and the holder of said recor ds is authorized to disclose said records to the attorneys of record in this case. The records that are produced shall be subject to the protective order already in place. If filed with the Court, the records shall be filed under seal.4) The pendi ng motions to file under seal are granted ( 161 , 164 ).5) Plaintiff's counsel shall file an amended complaint by August 4, 2014, along with a motion for service listing any new defendants who need to be served. Answers to the amended com plaint by the current defendants are due August 25, 2014. 6) By July 9, 2014, Attorney Fanning shall file a notification regarding whether Plaintiff is currently taking his showers separately from other inmates. The notification shall set forth the procedures in place to ensure that the separate showers continue. Entered by Judge Sue E. Myerscough on 7/03/2014. (VM, ilcd)
November 14, 2014 208 Opinion or Order of the Court OPINION: The motion to supplement and motion to withdraw filed by Dr. Koko's counsel are granted 204 , 206 . By November 26, 2014, Dr. Koko, on his own or with new counsel, may file a motion to set aside the entry of default. Pursuant to the Court's 10/27/2014 order granting Dr. Koko until November 7, 2014, to file his Answer, Dr. Koko's prior motions for an extension are denied as moot 198 , 202 . The clerk is directed to enter default against Dr. Koko. This case is referred to Magistrate Judge Schanzle- Haskins to conduct mediation by December 15, 2014. (SEE WRITTEN OPINION). Entered by Judge Sue E. Myerscough on 11/14/2014. (GL, ilcd)
March 8, 2013 7 Opinion or Order of the Court OPINION (See Written Opinion):1. Plaintiff's in forma pauperis petition is granted (d/e 2 ). 2. THE CLERK IS DIRECTED TO enter the standard text order assessing an initial partial filing fee, after receipt of Plaintiff's trust fund ledgers . 3. By March 15, 2013, the U.S. Marshals are directed to serve a copy of the complaint, summons, Plaintiff's motion for a preliminary injunction, Plaintiff's memorandum in support of his motion for preliminary injunction, and this text ord er on Defendants. Costs of service shall be advanced by the United States. 4. BY MARCH 11, 2013, THE CLERK IS DIRECTED TO prepare the service packets and deliver them to the Marshals for service on Defendants. 5. A hearing on Plaintiff's moti on for preliminary injunction is scheduled for March 20, 2013 at 2:30 p.m.. Plaintiff shall appear by video. Defense counsel shall appear in person. Defendants may appear in person or by video. 6. THE CLERK IS DIRECTED TO issue a video writ to secure Plaintiff's presence at the preliminary injunction hearing. Entered by Judge Sue E. Myerscough on 03/08/2013. (VM, ilcd)
June 13, 2013 91 Opinion or Order of the Court OPINION (See Written Opinion): 1) Plaintiff's second motion for a preliminary injunction/temporary restraining order is denied (d/e 38 ). 2) Plaintiff shall have until July 31, 2013 to file an amended complaint. 3) A conference is schedu led for August 12, 2013 at 10:00 a.m. to discuss setting new discovery deadlines and a trial date. Local counsel shall appear in person. Plaintiff's counsel shall appear by phone or video conference if available. Plaintiff shall appear by vi deo conference. The clerk is directed to issue a video writ to secure Plaintiff's presence at the conference. 4)If Plaintiff's counsel wish to speak to Plaintiff using the Court's video conference equipment in Urbana, Plaintiff' ;s counsel may contact the clerk in Urbana to make those arrangements. 5) Plaintiff has filed a pro se petition to proceed in forma pauperis on her appeal of the Court's denial of Plaintiff's first motion for a preliminary injunction. The Court does not see a good faith basis for an appeal of the denial of Plaintiff's first motion for a preliminary injunction. An appeal taken in "good faith" is not about the movant's sincerity or motivation. A good faith app eal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). However, Plaintiff may submit a brief explaining her grounds for appeal by July 5, 2013, after which th e Court will make a final ruling. Meanwhile, this case will continue. Chrysler Motors Corp. v. International Union, Allied Indus. Workers of America, AFL-CIO, 909 F.2d 248, 250 (7th Cir. 1990)("An interlocutory appeal does not divest the distr ict court of jurisdiction."); 11A Federal Practice and Procedure § 2962 (2d Ed) ("An appeal from the grant or denial of a preliminary injunction does not divest the trial court of jurisdiction or prevent it from taking other steps in t he litigation while the appeal is pending.") Plaintiff may file her brief to support her appeal pro se since her attorneys' appointment is limited to the proceedings before this Court. Entered by Judge Sue E. Myerscough on 6/13/2013. (Attachments: # 1 Attachment)(VM, ilcd)

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Defendant: Jane Doe
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Defendant: Ms Lynch
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Defendant: S A Godinez
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Defendant: Louis Shicker
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Defendant: Terry Williams
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Defendant: Sandra Funk
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Plaintiff: Carl Tate
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