Schuler v. Westbrook et al
| Edward D Schuler |
| Gregory Rechciql, Wellpath Inc LLC, Turner, Montique, Westbrook, A Emsweller, Bell, G Kerstein, Gaylon Lay, Moody, Tracy Bennett, Jackson and Does Wellpath Employees |
| 2:2020cv00192 |
| September 30, 2020 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 PLAINTIFFS REQUEST for Prosecution for Submitting Perjured Declarations by Edward D Schuler. (llg) |
| Filing 49 PLAINTIFF'S MOTION for Leave to File an Amended Complaint by Edward D Schuler. (Attachment: #(1) Amended Complaint) (llg) |
| Filing 48 OBJECTION to #36 Proposed Findings and Recommendations by Edward D Schuler. (ljb) |
Filing 47
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #42 . Counsel has provided a Certificate of Service on the filings in question, so Plaintiff should be patient and allow the mail adequate time to be delivered. Signed by Magistrate Judge Joe J. Volpe on 11/16/2020. (lej)
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Filing 46
ORDER granting Plaintiff's motion for service #43 . The Clerk is directed to prepare summons and the USM shall serve Defendant Jackson without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 11/16/2020. (lej)
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| Summons Reissued as to Jackson and forwarded to USMS for service. (ajt) |
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Filing 45
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration of Plaintiff's request for a hearing to support his motion for temporary restraining order, I find a hearing is not necessary and is denied #41 . Signed by Magistrate Judge Joe J. Volpe on 11/13/2020. (lej)
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| Filing 44 INTERROGATORIES and Request for Production of Documents by Edward D Schuler. (ljb) |
| Filing 43 MOTION for Service by Edward D Schuler. (ljb) |
| Filing 42 MOTION for Order by Edward D Schuler. (ljb) |
| Filing 41 MOTION for Evidentiary Hearing by Edward D Schuler. (ljb) |
| Filing 40 RESPONSE to #22 Answer to Complaint by Edward D Schuler. (ljb) |
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Filing 39
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to intervene #38 . Plaintiff raises new allegations that must be raised in a new cause of action. The Court cannot intervene as Plaintiff requires in this motion. Signed by Magistrate Judge Joe J. Volpe on 11/10/2020. (lej)
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| Filing 38 MOTION for Court to Intervene by Edward D Schuler. (ljb) |
| NOTICE OF DOCKET CORRECTION re #37 Amended Complaint. CORRECTION: The docket text was modified to correct the description to "SUPPLEMENT to #3 Motion for Temporary Restraining Order" pursuant to instruction from chambers. (kbc) |
| Filing 37 SUPPLEMENT to #3 Motion for Temporary Restraining Order against filed by Edward D Schuler. (kdr) Docket text modified on 11/9/2020 to correct description pursuant to instruction from chambers. (kbc) |
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Filing 36
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's motion for temporary restraining order be denied #3 . The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 11/5/2020. (lej)
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| Filing 35 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Tracy Bennett, G Kerstein, Moody, Gregory Rechciql, Turner, and Wellpath LLC. (Attachments: #1 Exhibit "A" Plaintiff's Relevant Medical Records, #2 Exhibit "B" Declaration of Stephanie Converse, #3 Exhibit "C" Declaration of Gregory Rechcigl)(Eubanks, Brent) (Docket text modified on 11/3/2020 to correct the party filers) (jak) |
| Filing 34 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Bell, A Emsweller, Gaylon Lay, Montique, Westbrook. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Bell, Patricia) |
| NOTICE OF DOCKET CORRECTION re #35 Response. CORRECTION: The docket text was modified to correct the party filers as Tracy Bennett, G Kerstein, Moody, Gregory Rechciql, Turner, and Wellpath LLC as marked on the document. (jak) |
| Filing 33 Summons Returned Unexecuted as to Jackson. (bmd) |
| Filing 32 SUMMONS Returned Executed. G Kerstein served on 10/24/2020. (bmd) |
| Filing 31 SUMMONS Returned Executed. Moody served on 10/24/2020. (bmd) |
| Filing 30 SUMMONS Returned Executed. Gregory Rechciql served on 10/24/2020. (bmd) |
| Filing 29 SUMMONS Returned Executed. Turner served on 10/24/2020. (bmd) |
| Filing 28 SUMMONS Returned Executed. Wellpath Inc LLC served on 10/24/2020. (bmd) |
| Filing 27 SUMMONS Returned Executed. Tracy Bennett served on 10/24/2020. (bmd) |
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Filing 26
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to withdraw #23 . Plaintiff's motion for ruling is denied #24 . The Defendants were only recently served and timely answered on 10/26 and 10/27. Plaintiff will have a ruling in due course. Signed by Magistrate Judge Joe J. Volpe on 10/28/2020. (lej)
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| Filing 25 OBJECTION re 16 Order on Motion to Amend/Correct by Edward D Schuler. (kdr) |
| Filing 24 MOTION for Ruling by Edward D Schuler. (llg) |
| Filing 23 PLAINTIFF'S Withdrawal of Objection by Edward D Schuler. (llg) |
| Filing 22 ANSWER to #2 Complaint by Tracy Bennett, G Kerstein, Moody, Gregory Rechciql, Turner, Wellpath Inc LLC.(Eubanks, Brent) |
| Filing 21 NOTICE of Appearance by Brent Jay Eubanks on behalf of Tracy Bennett, G Kerstein, Moody, Gregory Rechciql, Turner, Wellpath Inc LLC (Eubanks, Brent) |
| Filing 20 ANSWER to #2 Complaint with Jury Demand by Bell, A Emsweller, Gaylon Lay, Montique, Westbrook.(Bell, Patricia) |
| Filing 19 Deficiency Letter from Clerk of Court notifying party that #18 Answer lacks a correct case number (Local Rule 5.5(a)). (jak) |
| Filing 18 ANSWER to #2 Complaint with Jury Demand by Bell, A Emsweller, Gaylon Lay, Montique, Westbrook.(Bell, Patricia) |
| Filing 17 NOTICE of Appearance by Patricia V. Bell on behalf of Bell, A Emsweller, Gaylon Lay, Montique, Westbrook (Bell, Patricia) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to amend #15 . As a general matter, prison officials should not deny any inmate currently prescribed medication. However, the issue of not receiving prescribed medication falls outside the scope of the instant lawsuit and the Clerk was correct to docket the pleading as a new cause of action. Signed by Magistrate Judge Joe J. Volpe on 10/19/2020. (lej)
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| Filing 15 MOTION to Correct the Record by Edward D Schuler. (ljb) |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for subpoena of documents #13 . Federal Rule of Civil Procedure 45 governs subpoenas. Plaintiff may use a subpoena to request non-parties to appear and/or produce documents. Here, Plaintiff's requests pertain to information from defendants. Plaintiff may seek this information through discovery when counsel answers and enters an appearance. Signed by Magistrate Judge Joe J. Volpe on 10/14/2020. (lej)
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| Filing 13 MOTION for Subpoena of Documents by Edward D Schuler. (kdr) |
| Filing 12 SUMMONS Returned Executed. Westbrook served on 10/6/2020. (llg) |
| Filing 11 SUMMONS Returned Executed. Montique served on 10/6/2020. (llg) |
| Filing 10 SUMMONS Returned Executed. Gaylon Lay served on 10/6/2020. (llg) |
| Filing 9 SUMMONS Returned Executed. A Emsweller served on 10/6/2020. (llg) |
| Filing 8 SUMMONS Returned Executed. Bell served on 10/6/2020. (llg) |
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Filing 7
ORDER that the Clerk prepare summons and the USM serve all Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 10/2/2020. (lej)
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Filing 6
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . The Clerk is directed to send a copy of this order to the EARU Warden, ADC Trust Bank, and the ADC Compliance Office. Signed by Magistrate Judge Joe J. Volpe on 10/2/2020. (lej)
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| Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 5 DECLARATION in Support of #3 Motion filed by Edward D Schuler. (llg) |
| Filing 4 MEMORANDUM of Law in Support of #3 Motion filed by Edward D Schuler. (llg) |
| Filing 3 MOTION for an Expedited Hearing on the Merits of Motion for a Temporary Restraining Order and Preliminary Injunction by Edward D Schuler. (llg) |
| Filing 2 COMPLAINT against All Defendants filed by Edward D Schuler. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Edward D Schuler. (llg) |
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