Schilleman v. Corizon Health Incorporated et al
| Robert Schilleman |
| Corizon Health Incorporated and Charles L Ryan |
| 2:2014cv01825 |
| August 18, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Bridget S Bade (PS) |
| Douglas L Rayes |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
166
ORDER: The reference to the Magistrate Judge is withdrawn as to (1) Plaintiff's Motion for Leave to File Second Amended Complaint (Doc. 130 ); (2) Plaintiff's Motion for Summary Judgment re: Exhaustion of Remedies (Doc. 113 ); (3) Plaint iff's Motion for Expedited Briefing and Ruling on Plaintiff's Motion for Summary Judgment re: Exhaustion of Remedies (Doc. 115 ); and (4) Defendant Lisa Fansler's Cross- Motion for Summary Judgment re: Exhaustion of Administrative Re medies (Doc. 137 ). Plaintiff's Motion for Leave to File Second Amended Complaint (Doc. 130 ) is GRANTED. The Clerk of the Court must is directed to file Plaintiff's Second Amended Complaint, currently lodged at Doc. 130 - 2. The Clerk of the Court shall dismiss Defendants Fansler, Corizon's Clinical Coordinator, Unknown Facility Health Administrators, and Corizon's Regional Medical Director from the Second Amended Complaint and this action without prejudice. The remai ning claims in the Second Amended Complaint are: (1) an Eighth Amendment claim against Defendants Corizon and Ryan in Count One; (2) an Eighth Amendment claim against Defendants Kent Ainslie, Unknown FHAs, Unknown Clinical Coordinators, the Corizon Regional Medical Director, and Patrick Arnold, Duc Vo, Winfred Williams, Cynthia Ripsin, Hegmann, Mulhorn, and Montano; and (3) state law negligence claims against Defendants Corizon, Ryan, Montano, Hegmann, Mulhorn, Arnold, Vo, Williams, Ripsin, a nd Ainslie. If Plaintiff's counsel seeks for the Clerk of the Court to issue summonses for Defendants Arnold, Vo, Williams, Ripsin, and Ainslie, counsel shall submit the Summonses to the Clerk of the Court in accordance with Rule 4(b) of the Federal Rules of Civil Procedure. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Second Amended Complaint on Defendants Arnold, Vo, Williams, Ripsin, and Ainslie within sixty days of the filing of this Order, his claims against those Defendants may be dismissed. See Fed. R. Civ. P. 4 (m). Plaintiff's Motion for Summary Judgment re: Exhaustion of Remedies (Doc. 113 ) is GRANTED. Plaintiff's Motion for Expedited Briefing a nd Ruling on Plaintiff's Motion for Summary Judgment re: Exhaustion of Remedies (Doc. 115 ) is DENIED as moot. Defendant Lisa Fansler's Cross-Motion for Summary Judgment re: Exhaustion of Administrative Remedies (Doc. 137 ) is DENIED as moot. See document for further details. Signed by Judge Douglas L Rayes on 12/02/2015. (REK)
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