Waters v. Bloomberg et al
| Demontae Waters |
| Saas, Andrea and Vicki Bloomberg |
| 3:2019cv00812 |
| May 28, 2019 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 21 AFFIDAVIT of Service for Special In-Person Service, Order to Show Cause served on Andrea Chamberlain Swaby on 06/28/2019. (Nuzzi, Tiffany) |
| Filing 20 AFFIDAVIT of Service for Special In-Person Service, Order to Show Cause served on Vicki Blumberg on 6/28/2019. (Nuzzi, Tiffany) |
| Filing 19 WAIVER OF SERVICE Returned Executed as to Andrea waiver sent on 6/4/2019, answer due 8/3/2019. filed by Demontae Waters. (Reis, Julia) |
Filing 18
ELECTRONIC ORDER. Following #14 Defendants' Objection and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction, the Court is still presently unable to determine whether a hearing is merited on Plaintiff's motion for a preliminary injunction. Plaintiff is directed to reply to #14 Defendants' Objection and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction by July 16, 2019, so that the matter may be fully briefed. Signed by Judge Charles S. Haight, Jr. on 07/02/2019. (Chen, C.)
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Filing 17
ELECTRONIC ORDER granting Defendants' #13 Motion to Seal #15 Exhibit A to the #14 Defendants' Objection and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. "Any such order sealing a judicial document shall include particularized findings demonstrating that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons." D. Conn. L. Civ. R. 5(e)(3). The exhibit contains medical records, which are generally treated as confidential. See Taveres v. Lawrence & Memorial Hospital, No. 3:11-cv-770 (CSH), 2012 WL 5929949, at *5 (D. Conn. Nov. 27, 2012); see also Northrop v. Carucci, No. 3:04-cv-103 (RNC), 2007 WL 685173, at *3 n.6 (D. Conn. Mar. 5, 2007) ("However, federal law treats medical records as confidential.... Therefore, plaintiff's medical records will be sealed by the Clerk." (citation omitted)). Accordingly, Exhibit A, filed separately as Doc. #15 , to the #14 Defendants' Objection and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction will remain under seal. Signed by Judge Charles S. Haight, Jr. on 06/19/2019. (Chen, C.)
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| Filing 15 Sealed Document: Exhibit A by Andrea, Vicki Bloomberg re #14 Objection . (McChesney, Jacob) |
| Filing 14 OBJECTION re #4 MOTION for to Show Cause Order filed by Andrea, Vicki Bloomberg. (Attachments: #1 Exhibit B)(McChesney, Jacob) |
| Filing 13 MOTION to Seal Exhibit A containing medical records by Andrea, Vicki Bloomberg. (Attachments: #1 Memorandum in Support)(McChesney, Jacob) |
| Filing 12 NOTICE of Appearance by Jacob McChesney on behalf of Andrea, Vicki Bloomberg in their individual capacities only. (McChesney, Jacob) |
| Filing 16 Memorandum of Law filed by Demontae Waters. (Payton, R.) |
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Filing 11
ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis; granting #10 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Failure to do so can result in the dismissal of your case. Signed by Judge William I. Garfinkel on 6/13/2019. (Payton, R.)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Demontae Waters. (Payton, R.) |
| REQUEST FOR WAIVER of Service sent to Vicki Blumberg and Andrea Chamberlain Swaby on 6/4/2019 by Demontae Waters. Waiver of Service due by 7/9/2019 (Reis, Julia) |
| USM 285 forms together with #1 Complaint, #4 Motion for Order to Show Cause for Emergency Preliminary Injunction by Demontae Waters, and #8 IRO sent to USM for expedited special in person service on defendants Vicki Blumberg and Andrea Chamberlain Swaby. (Reis, Julia) |
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Filing 9
Standing Order re: Initial Discovery Disclosures Signed by Judge Stefan R Underhill on 6/3/2019.(Reis, Julia)
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Filing 8
INITIAL REVIEW ORDER (see attached). The following plausible claim against the individual defendants in their personal capacities for damages may PROCEED: Deliberate indifference to serious medical needs against Dr. Bloomberg and Nurse Andrea regarding failure to treat Plaintiff's pain stemming from issues with his colostomy bag. Any claims of deliberate indifference to medical needs against Lt. Saas are DISMISSED WITHOUT PREJUDICE. In addition to the scheduling order outlined herein, the Clerk of the Court is directed to make arrangements on an expedited basis for the U.S. Marshals Service to make personal service forthwith of (a) the Complaint in this action; (b) Plaintiff's motion for a preliminary injunction; and (c) this Order upon the Defendants Vicki Bloomberg and Nurse Andrea. Defendants Vicki Bloomberg and Nurse Andrea are also directed to respond to Plaintiff's motion for an emergency preliminary injunction, [Doc. 4], within two weeks (14 days) of being served with this Order, Complaint and Motion for Injunction. Following filing of the Defendants' responses, the Court will make a further Order as to whether a hearing is required on Plaintiff's motion for a preliminary injunction, and if so, the scheduling thereof. Signed by Judge Charles S. Haight, Jr. on 06/03/2019. (Chen, C.)
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| Filing 7 Notice to petitioner re: Insufficiency #2 Ledger Sheet. You must submit a Ledger Sheet showing the past six months transactions. If insufficiency not corrected Dismissal due by 6/24/2019 Signed by Judge William I. Garfinkel on 6/3/2019.(Payton, R.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 5/28/2019. (Fanelle, N.)
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Filing 5
Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 5/28/2019. (Fanelle, N.)
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| Filing 4 PRISCS MOTION for Order to Show Cause for Emergency Preliminary Injunction by Demontae Waters. (Fanelle, N.) |
| Filing 3 PRISCS MOTION to Appoint Counsel by Demontae Waters. (Fanelle, N.) |
| Filing 2 PRISCS MOTION for Leave to Proceed in forma pauperis by Demontae Waters. (Fanelle, N.) |
| Filing 1 PRISCS COMPLAINT against Andrea, Vicki Bloomberg, Saas, filed by Demontae Waters.(Fanelle, N.) |
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