De Rossitte v. Wellpath LLC et al
| Ikara Christiana Earnestine Euge De Rossitte, Christopher Eugene De Rossitte and Ikara Christiana Earnestine Euge Vagante De Rossitte |
| Wellpath LLC, Dr. Thomas Daniel, Chris Haran, Charlotte Gardner, Doe Wellpath Administrators and Chris Horan |
| 6:2023cv06008 |
| January 13, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Christy D Comstock |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 MOTION for Immediate Relief by Ikara Christiana Earnestine Euge Vagante De Rossitte. Motions referred to Christy D. Comstock.(jlm) (Main Document 24 replaced on 12/12/2023) (jlm). |
| Filing 23 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 2/23/2024. Signed by Honorable Christy D. Comstock on September 26, 2023. (rg) |
| Filing 22 NOTICE by Thomas Daniel, Charlotte Gardner, Chris Horan re 20 Bench Order PC cases - TEXT ONLY,, Notice to Court Re: Exhaustion (Almefty, Kynda) |
| Filing 21 NOTICE of Appearance by Kynda Almefty on behalf of Wellpath LLC. (Almefty, Kynda) |
| Filing 20 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 9/25/2023. Signed by Honorable Christy D. Comstock on August 11, 2023. (klk) |
| Filing 19 ANSWER to #8 Amended Complaint, by Thomas Daniel, Charlotte Gardner, Chris Horan.(Almefty, Kynda) |
Filing 18
ORDER re #16 Show Cause Response filed by Defendants Daniel, Horan and Gardner. Defendants Daniel, Horan, and Gardner are deemed served as of 8/4/2023. The Clerk is directed to set the deadline for their Answers for 8/25/2023. See Order for specifics. Signed by Honorable Christy D. Comstock on August 7, 2023. (jlm)
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| Filing 17 TEXT ONLY ORDER The Show Cause Response (ECF No. 16) indicates that Defendant Chris Horan's name has been spelled incorrectly. The Clerk is DIRECTED to correct the case caption accordingly. Signed by Honorable Christy D. Comstock on August 7, 2023. (klk) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Wellpath LLC re 15 Order to Show Cause,. (Attachments: #1 Exhibit A, Service of Process upon Wellpath, #2 Exhibit B, Rejection of Service upon Individual Defendants)(Odum, Michelle) |
| Filing 15 TEXT ONLY ORDER TO SHOW CAUSE - Answers for Defendants Daniel, Haran, and Gardner were due on May 30, 2023. They are directed to show cause as to why an order of default should not be entered against them. Response to show cause due by 8/14/23. Signed by Honorable Christy D. Comstock on July 31, 2023. (klk) Modified text on 7/31/2023 (hnc). |
| Set/Reset Deadlines: Show Cause Response due by 8/14/2023. (hnc) |
| Filing 14 ANSWER to #8 Amended Complaint, by Wellpath LLC.(Odum, Michelle) |
| Filing 13 NOTICE of Appearance by Michelle Banks Odum on behalf of Wellpath LLC. (Odum, Michelle) |
| Filing 12 NOTICE by Corporate Creations re #11 Summons Returned Executed, #10 Summons Issued, (jlm) Modified on 8/7/2023 to edit text (jlm). |
| Filing 11 SUMMONS Returned Executed by Ikara Christiana Earnestine Euge Vagante De Rossitte. Thomas Daniel served on 5/8/2023, answer due 5/30/2023; Doe Wellpath Administrators served on 5/8/2023, answer due 5/30/2023; Charlotte Gardner served on 5/8/2023, answer due 5/30/2023; Chris Haran served on 5/8/2023, answer due 5/30/2023; Wellpath LLC served on 5/8/2023, answer due 5/30/2023. (jlm) |
| Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Thomas Daniel, Doe Wellpath Administrators, Charlotte Gardner, Chris Haran, Wellpath LLC and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #8 Amended Complaint, #5 Magistrate Notice/Consent Form, #9 Order Directing Service. (bjb) |
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Filing 9
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Thomas Daniel, Doe Wellpath Administrators, Charlotte Gardner, Chris Haran, Wellpath LLC and granting 21 days to answer. Signed by Honorable Christy D. Comstock on March 23, 2023. (cc: U.S. Marshals Service-Certified).(bjb)
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| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc) |
| Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Charlotte Gardner, Thomas Daniel, Wellpath LLC, Doe Wellpath Administrators, Chris Haran, filed by Ikara Christiana Earnestine Euge Vagante De Rossitte. Related document: #1 Complaint Referred (42:1983) filed by Ikara Christiana Earnestine Euge Vagante De Rossitte.(jlm) |
| Filing 7 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to Submit his signed and dated Complaint by February 23, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 3/20/2023.. Signed by Honorable Barry A Bryant on 02/27/2023. (klk) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed and dated by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff so that he may provide a date for his signature. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 2/23/2023. Signed by Honorable Barry A Bryant on February 9, 2023. (klk) |
| Filing 5 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 4 CLERK'S ORDER re PLRA Fee directing ORCU - ADC to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 350 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (lgd) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983); directing the clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff. Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee in the amount of $ 350. Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change . Signed by Honorable Barry A Bryant on January 13, 2023. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ikara Christiana Ernestine Eugene Vagante De Rossitte. Motions referred to Barry A Bryant.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Thomas Daniel, Doe Wellpath Administrators, Charlotte Gardner, Chris Haran, Wellpath LLC, filed by Ikarus Christiana Earnestine Eugene De Rossitte.(lgd) |
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