Titus v. Kent
| Adam Titus |
| Kyle Kent, Shawna Joneson, Nurse Sabrina Fox, Wexford Health Sources, James Boland, Weston Gresham, Sekayi Baptist, Heather Murray, Traci Kjellesvik, (1) Jane Doe, (2) Jane Doe, Christopher Brubaker, Steven Horrom, Aaron Rhoades, Robert Snyder, Leo Smith, Terry Jahnssen, Jodi Monroe, Shelton Williams, Joel Newkick and Brian Biros |
| 1:2017cv01249 |
| June 2, 2017 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Randolph |
| Eric I Long |
| Sue E Myerscough |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 250
VIDEO WRIT issued for Adam Titus on 11/9/2023 at 1:30 PM for a Final Pretrial Conference before Judge Myerscough. (KE)
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Filing 249
NOTICE OF FILING OFFICIAL TRANSCRIPT of Pretrial Conference Proceedings held on 7/17/2023, before Judge Sue E. Myerscough. Court Reporter/Transcriber KF, Telephone number 217-492-4810. Transcript purchased by: Eve Hastings. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2023. Redacted Transcript Deadline set for 9/28/2023. Release of Transcript Restriction set for 11/27/2023. (GL)
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Filing 248
Proposed Jury Instructions by Kyle Kent. (Ditzler, Megan)
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Filing 247
ORDER entered by Judge Sue E Myerscough on 7/20/2023. The Court GRANTS Plaintiff's motions in limine. #233 , #234 , #235 , #236 , #237 , #238 , #239 . The Court DENIES as duplicative Plaintiff's motion in limine. #215 , #216 , #217 , #218 , #219 . The Court GRANTS in PART, DENIES in part, and RESERVES in part, Defendant's motions in limine. #220 . Defendant has until July 31, 2023, to provide the Court the Orders reference in response to Plaintiff's motion in limine No. 1, respond to Plaintiff's proposed jury instructions, and file any proposed jury instructions. Voir dire questions, if any, are due by November 13, 2023. Clothing for Plaintiff shall be provided as outlined in the Court's Order. See written order. (KE)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: FINAL PRETRIAL CONFERENCE held on 7/17/2023. Court and court personnel present by video from courtroom. Plaintiff Adam Titus present from a correctional facility. Attorneys LaRue Robinson, Eve Hastings, and Henry Thomas present on behalf of the Plaintiff. Attorney Megan Ditzler Maria Gray present on behalf of Defendant. Discussion held regarding witnesses at trial. Final Pretrial Conference set for 11/9/2023 at 1:30 PM in Courtroom II in front of Judge Sue E. Myerscough. Jury Selection set for 11/27/2023 at 9:00 AM in Courtroom II in front of Magistrate Judge Eric I. Long. Jury Trial to commence immediately after Jury Selection on 11/27/2023 in Courtroom II in front of Judge Sue E. Myerscough. Motion in Limine addressed and rulings rendered. Further discussion held regarding plaintiff Motion in Limine #1. Jury procedures as to questions discussed and agreed upon by parties. Defense counsel to file jury instructions and objections to plaintiff's jury instructions within 14 days. Hearing adjourned. (Court Reporter KF.) (JPL)
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Filing 246
VIDEO WRIT issued for Adam Titus on 7/17/2023 at 10:30 AM for a Final Pretrial Conference before Judge Myerscough. (KE)
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Filing 245
TEXT ORDER entered by Judge Sue E Myerscough on 5/22/2023. A Final Pretrial Conference is set for July 17, 2023, at 10:30 a.m. by video conference. The parties should be prepared to discuss outstanding matters, if any, and schedule a Jury trial date. Accordingly, the Court DIRECTS the Clerk of the Court to issue a video writ for Plaintiff's appearance at the Final Pretrial Conference. (KE)
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Filing 244
PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Robinson, LaRue)
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Filing 243
PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Ditzler, Megan)
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Filing 242
RESPONSE to Motion re #235 MOTION in Limine TO EXCLUDE ARGUMENT OR EVIDENCE ABOUT HIS ILLINOIS DEPARTMENT OF CORRECTIONS DISCIPLINARY, #239 MOTION in Limine TO BAR EXPERT TESTIMONY, #233 MOTION in Limine TO EXCLUDE HIS PRIOR AND CURRENT LITIGATION, #238 MOTION in Limine TO EXCLUDE DROPPED CLAIMS AND PREVIOUSLY NAMED DEFENDANTS, #234 MOTION in Limine TO EXCLUDE THE NATURE OF HIS PRIOR CONVICTION, #237 MOTION in Limine TO EXCLUDE THE NATURE OF CARLOS AYALA'S PRIOR CONVICTION, #236 MOTION in Limine TO EXCLUDE HIS PRIOR GRIEVANCES filed by Defendant Kyle Kent. (Ditzler, Megan)
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Filing 241
ORDER entered by Judge Sue E. Myerscough on 1/10/2023. The Court GRANTS Defendant's motion to continue #240 and VACATES the jury trial set for January 17, 2023. The Court ORDERS the parties to advise the Court no later than January 20, 2023, whether they consent to Magistrate Judge Eric I. Long conducting the jury trial. See written order. (KE)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: FINAL PRETRIAL CONFERENCE held via video on 1/6/2023. Court and court personnel present by video from courtroom. Plaintiff Adam Titus present from a correctional facility. Attorneys LaRue Lawrence Robinson, Matt D. Basil, Eve Hastings, Henry Cross Thomas, Lenore Rose Hipsher, and Mitchell M. Feldhake present on behalf of Plaintiff. AAGs Megan Ann Ditzler and Maria Gray present on behalf of Defendant. Motion to Continue filed by Defendant with no objection by Plaintiff. Motion granted. Order to enter. Both parties consent to Magistrate for jury selection. Trial expected to last 3 days. Vaccination status of parties, witnesses and counsel discussed. Statement of the Case is acceptable. Parties to coordinate with Court regarding video witnesses. Parties to advise the Court by January 20, 2023 if they consent to the Magistrate Judge handling the jury trial. Court adjourned. (Court Reporter KF.) (GL)
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Filing 240
MOTION to Continue and for an Extension of Time Unopposed by Defendant Kyle Kent. Responses due by 1/19/2023 (Attachments: #1 Exhibit 1)(Ditzler, Megan)
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Filing 239
MOTION in Limine TO BAR EXPERT TESTIMONY by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 238
MOTION in Limine TO EXCLUDE DROPPED CLAIMS AND PREVIOUSLY NAMED DEFENDANTS by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 237
MOTION in Limine TO EXCLUDE THE NATURE OF CARLOS AYALA'S PRIOR CONVICTION by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 236
MOTION in Limine TO EXCLUDE HIS PRIOR GRIEVANCES by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 235
MOTION in Limine TO EXCLUDE ARGUMENT OR EVIDENCE ABOUT HIS ILLINOIS DEPARTMENT OF CORRECTIONS DISCIPLINARY by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 234
MOTION in Limine TO EXCLUDE THE NATURE OF HIS PRIOR CONVICTION by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 233
MOTION in Limine TO EXCLUDE HIS PRIOR AND CURRENT LITIGATION by Plaintiff Adam Titus. Responses due by 1/13/2023 (Robinson, LaRue)
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Filing 232
Proposed Pretrial Order by Adam Titus. (Robinson, LaRue)
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Filing 231
Proposed Jury Instructions by Adam Titus. (Robinson, LaRue)
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/28/2022. Plaintiff Adam Titus and Defendants Brian Biros, Terry Jahnssen, Joel Newkirk, and Leo Smith have filed a Joint Stipulation of Dismissal, agreeing to the dismissal without prejudice of Biros, Jahnssen, Newkirk, and Smith from Plaintiff's suit. See Jenkins v. Village of Maywood, 506 F.3d 622, 624 (7th Cir. 2007) (noting that a stipulation of dismissal that meets the requirements of Federal Rule of Civil Procedure 41(a)(1) is effective when filed). Accordingly, the Court DIRECTS the Clerk of the Court to terminate the identified Defendants as parties to Plaintiff's suit.(SAG)
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Filing 230
NOTICE of Appearance of Attorney by Eve Hastings on behalf of Adam Titus (Hastings, Eve)
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Filing 229
STIPULATION of Dismissal (Joint) by Adam Titus. (Robinson, LaRue)
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Minute entry for proceedings held on 12/9/22 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by LaRue Robinson and Lenore Hipsher. Pre-settlement conference with plaintiff held by phone. (not recorded.) (SKR)
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Minute entry for proceedings held on 12/9/22 before Magistrate Judge Eric I. Long. Appearance on behalf of defendant by Megan Ditzler. Pre-settlement conference with defendant held by phone. (Not Recorded.) (SKR)
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 12/9/22. After holding confidential pre-settlement calls with both parties, the Settlement Conference set for 12/12/22 is VACATED. Defendants represented that they do not intend to resolve the case without a trial. (SKR)
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Filing 228
NOTICE of Appearance of Attorney by Maria D Gray on behalf of Brian Biros, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith (Gray, Maria)
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Filing 227
VIDEO WRIT issued for Adam Titus on 12/12/2022 at 1:30 PM for a Settlement Conference before Judge Long. (KE)
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Filing 226
Letter to Counsel from Judge Long regarding settlement conference. (KE)
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Filing 225
ORDER entered by Magistrate Judge Eric I. Long on 9/14/2022. This matter is scheduled for a settlement conference by video conference on December 12, 2022, at 1:30 p.m. Prior to the settlement conference, a confidential call will be held with Plaintiff's counsel on December 9, 2022, at 10:00 a.m. and defense counsel on December 9, 2022, at 10:30 a.m. The call-in number is 551-285-1373, then enter meeting ID 160 593 8546# and participant ID: 1015#. The settlement conference shall be attended by Plaintiff, Defendant, and lead trial counsel, all by video. The Court directs the Clerk to issue a video writ for Plaintiff's participation in the settlement conference and to attach Zoom video conferencing instructions for Defendant. Confidential Settlement Letters due 12/6/2022. See written order. (Attachments: #1 Zoom Instructions)(KE)
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Filing 224
VIDEO WRIT issued for Adam Titus on 1/6/2023 at 2:00 PM for a Final Pretrial Conference before Judge Sue E. Myerscough. (KE)
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Filing 223
TEXT ORDER entered by Judge Sue E. Myerscough on 9/7/2022. The Court GRANTS Plaintiff's unopposed motion for a continuance #213 . The Court VACATES the final pre-trial conference scheduled for September 9, 2022, at 10:00 a.m. by video conference and jury trial scheduled for October 4, 2022, at 9:00 a.m. The final pre-trial conference is rescheduled for January 6, 2023, at 2 p.m. by video. Final pre-trial materials are due December 30, 2022. The jury selection and jury tail are rescheduled to begin on January 17, 2023, at 9 a.m. by personal appearance before the Court in Springfield, Illinois. The week of January 17, 2023, is the Court's civil trailing trial calendar. Thus, the jury trial date is not firm, as other trials already do or will share this same trial date. If the parties seek a firm trial date, the parties should consider consenting to the Magistrate Judge. Plaintiff's motion indicates that the parties are actively pursuing settlement negotiation. Therefore, the Court refers this case to Magistrate Judge Long for a mandatory settlement conference. The Court DIRECTS the Clerk of the Court to RECALL the writ for Plaintiff's appearance by video at the September 9, 2022, pre-trial conference and ISSUE a revised video writ for Plaintiff's appearance at the pre-trial conference set for January 6, 2023, at 2 p.m. The Court further DIRECTS the Clerk of the Court to notify Magistrate Judge Long's chambers of the Court referral. (KE)
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Filing 222
RESPONSE to Motion re #220 MOTION in Limine filed by Plaintiff Adam Titus. (Robinson, LaRue)
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Filing 221
NOTICE (JOINT CONSENT TO JURY IMPANELMENT) (Robinson, LaRue)
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Filing 220
MOTION in Limine by Defendants Brian Biros, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith. Responses due by 9/16/2022 (Ditzler, Megan)
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Filing 219
MOTION in Limine by Plaintiff Adam Titus. Responses due by 9/16/2022 (Robinson, LaRue)
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Filing 218
MOTION in Limine by Plaintiff Adam Titus. Responses due by 9/16/2022 (Robinson, LaRue)
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Filing 217
MOTION in Limine by Plaintiff Adam Titus. Responses due by 9/16/2022 (Robinson, LaRue)
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Filing 216
MOTION in Limine by Plaintiff Adam Titus. Responses due by 9/16/2022 (Robinson, LaRue)
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Filing 215
MOTION in Limine by Plaintiff Adam Titus. Responses due by 9/16/2022 (Robinson, LaRue)
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Filing 214
Proposed Pretrial Order by Adam Titus. (Robinson, LaRue)
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Filing 213
MOTION to Continue (PLAINTIFFS UNOPPOSED MOTION FOR CONTINUANCE) by Plaintiff Adam Titus. Responses due by 9/14/2022 (Robinson, LaRue)
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TEXT ORDER entered by Judge Sue E. Myerscough on 7/29/2022. Plaintiff Adam Titus and Defendants Sekayi Baptist, Weston Gresham, and William Shelton have filed a Joint Stipulation of Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), agreeing to the dismissal without prejudice of Baptist, Gresham, and Shelton from Plaintiff's suit. See Jenkins v. Village of Maywood, 506 F.3d 622, 624 (7th Cir. 2007) (noting that a stipulation of dismissal that meets the requirements of Federal Rule of Civil Procedure 41(a)(1) is effective when filed). Accordingly, the Court DIRECTS the Clerk of the Court to terminate Baptist, Gresham, and Shelton as parties to Plaintiff's suit. Consequently, the motion for summary judgment #210 filed by Baptist, Gresham, and Shelton is MOOT. (KB)
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Filing 212
STIPULATION of Dismissal (Joint) by Adam Titus. (Robinson, LaRue)
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Filing 211
MEMORANDUM re #210 MOTION for Summary Judgment by Sekayi Baptist, Weston Gresham, Shelton Williams. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Ditzler, Megan)
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Filing 210
MOTION for Summary Judgment by Defendants Sekayi Baptist, Weston Gresham, Shelton Williams. Responses due by 7/26/2022 (Ditzler, Megan)
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Filing 209
VACATED - VIDEO WRIT issued to Stateville Correctional Center for Plaintiff Adam Titus R43512 to attend Final Pretrial Conference at 10:00 am on 9/9/2022 before U.S. District Judge Sue E. Myerscough. (Attachments: #1 Video Connection Instructions) (KB) Modified on 9/7/2022 to show vacated pursuant to Text Order entered this date. Facilities notified. (KE).
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Filing 208
TEXT ORDER entered by Judge Sue E. Myerscough on 6/9/2022. The parties' request for a continuance is granted. #207 The trial date is VACATED. Defendants' motion to extend the deadline for filing a dispositive motion to July 5, 2022 is granted. #206 The jury selection and jury trial are scheduled to begin on October 4, 2022 at 9:00 a.m. by personal appearance before the Court in Springfield, Illinois. This is not a firm date, as other trials already do or will share this same trial date. A final pretrial conference is SCHEDULED for September 9, 2022 at 10:00 a.m. by video conference. Final pretrial materials are due September 2, 2022. The clerk is directed to issue a VIDEO WRIT for Plaintiff's appearance at the final pretrial conference. The clerk is directed to attach the video connection instructions for counsel to this order. (Video Connection Instructions attached) (KB)
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Filing 207
STATUS REPORT and Request for Continuance by Adam Titus. (Robinson, LaRue) Modified on 6/8/2022 to show as a Motion (ME).
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Filing 206
MOTION for Extension of Time to File Dispositive Motion by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 6/16/2022 (Ditzler, Megan)
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TEXT ORDER entered by Judge Sue E. Myerscough on 6/1/2022. The final pretrial conference scheduled for June 6, 2022 is CANCELLED because the Court is in the midst of trial. Additionally, no final pretrial materials have been filed, and the parties have agreed to extend the dispositive motion deadline to June 2, 2022. Presently, the Court has a criminal trial scheduled for the week of July 5, 2022, which will take precedence over this trial. The Court will leave the trial date on in this case in the event the criminal trial is continued. By June 3, 2022, the parties are directed to inform the Court if they will be ready for trial on July 5, 2022 or need a continuance. If the parties will be ready for trial, the parties shall file an agreed final pretrial order by July 5, 2022. The clerk is directed to VACATE the 6/6/22 video writ. (KB)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/20/2022. Defendants' unopposed motion for extension of time to file a dispositive motion instanter is granted ([Doc #205 ). Defendants' dispositive motion is due June 2, 2022. (KB)
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Filing 205
MOTION for Extension of Time to File Dispositive Motion Instanter by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 6/2/2022 (Ditzler, Megan)
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Set/Reset Deadlines/Hearings: Jury Selection reset to correct judge entry on the calendar. All hearings remain as previously scheduled. (LN)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/19/2022. The unopposed motion to extend the dispositive motion deadline to May 18, 2022 is granted. #204 (KB)
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Filing 204
MOTION for Extension of Time to File Dispositive Motion by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 5/2/2022 (Ditzler, Megan)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Eric I. Long for all further proceedings. Entered by Chief Judge Sara Darrow on 4/14/2022. (ME)
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TEXT ORDER by US Magistrate Judge Karen McNaught. Judge McNaught disqualifies and recuses herself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered on 4/14/2022. (ME)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 13, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 3/15/2022. The joint motion to extend discovery is granted. #203 Discovery is extended to March 25, 2022 for the purpose of taking the depositions listed in the motion. The dispositive motion deadline is extended to April 18, 2022. Plaintiff reserves the right to dispute the filing of a summary judgment motion by a defendant other than Defendant Baptist. (KB)
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Filing 203
Fourth MOTION for Extension of Time to Complete Discovery (Joint) by Plaintiff Adam Titus. Responses due by 3/28/2022 (Robinson, LaRue)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 3/3/2022. The motion to substitute attorney is granted. #202 (KB)
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Filing 202
MOTION to Substitute Attorney, Joseph Bracey, Jr. to be replaced by Megan Ditzler, by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 3/11/2022 (Ditzler, Megan)
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Filing 201
NOTICE of Appearance of Attorney by Megan Ann Ditzler on behalf of Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams (Ditzler, Megan)
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Filing 200
VACATED pursuant to Text Order entered on 6/1/2022 by U.S. District Judge Myerscough: VIDEO WRIT issued to Stateville Correctional Center for Plaintiff Adam Titus R43512 to attend Final Pretrial Conference at 11:00 am on 6/6/2022 before U.S. District Judge Sue E. Myerscough. (KB) Modified on 6/1/2022 to vacate video writ (KB).
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TEXT ORDER entered by Judge Sue E. Myerscough on 2/22/2022. The joint motion to extend is granted. #199 The discovery deadline is extended to March 11, 2022. The dispositive motion deadline is extended to March 11, 2022. The extension of these deadlines will necessarily require moving the final pretrial and trial. The final pretrial conference is rescheduled to June 6, 2022 at 11:00 a.m. The jury selection and trial are rescheduled to July 5, 2022 at 9:00 a.m. Assuming the parties consent, the Magistrate Judge will pick the jury. By May 27, 2022, the parties shall file the materials specified in the Court's standing order on final pretrial conference, exhibits, and jury instructions. www.ilcd.uscourt.gov/local rules/orders by judge. Objections to witnesses, exhibits, jury instructions, voir dire questions and responses to pretrial motions are due June 1, 2022. The clerk is directed to schedule the jury selection on the Magistrate Judge's calendar. The clerk is directed to vacate the prior video writ and issue a new video writ for Plaintiff's appearance at the final pretrial conference. (KB)
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Filing 199
Third MOTION for Extension of Time to Complete Discovery (Joint) by Plaintiff Adam Titus. Responses due by 3/4/2022 (Robinson, LaRue)
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Filing 198
NOTICE of Appearance of Attorney by Lenore Rose Hipsher on behalf of Adam Titus (Hipsher, Lenore)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 1/26/2022. The joint motion to extend is granted. #197 Discovery is extended to February 18, 2022. The dispositive motion deadline is extended to February 25, 2022. (KB)
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Filing 197
Joint MOTION (SECOND JOINT MOTION TO EXTEND DISCOVERY SCHEDULE) re Order on Motion for Miscellaneous Relief,, Set/Reset Deadlines: by Plaintiff Adam Titus. Responses due by 2/8/2022 (Robinson, LaRue)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 1/6/2022. The joint motion to extend discovery to February 4, 2022 is granted. #196 (KB)
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Filing 196
Joint MOTION to extend discovery schedule by Plaintiff Adam Titus. Responses due by 1/3/2022 (Robinson, LaRue)
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/8/2021. Defendants' motion to correct the summary judgment order to address whether a claim survives against Defendant Baptist is denied. #193 Defendants are correct that the summary judgment order did not mention Defendant Baptist, but discovery has been reopened since then. After discovery closes, Defendant Baptist may move for summary judgment. Defendant Baptist's summary judgment motion is due January 28, 2022. (KB)
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Filing 195
RESPONSE to Motion re #193 MOTION to Amend/Correct #181 Order on Motion for Summary Judgment,,,,,,,,,,,, Set/Reset Deadlines/Hearings,,,,,, Add and Terminate Parties,,,,, filed by Plaintiff Adam Titus. (Robinson, LaRue)
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Filing 194
VACATED pursuant to Text Order entered on 2/23/2022 by U.S. District Judge Sue E. Myerscough: VIDEO WRIT issued to Stateville CC for Plaintiff Adam Titus R43512 to attend Final Pretrial Conference at 9:30 a.m. on 3/21/2022 before U.S. District Judge Sue E. Myerscough. (KB) Modified on 2/23/2022 to vacated video writ (KB).
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TEXT ORDER entered by Judge Sue E. Myerscough on 11/2/2021. Plaintiff's motion for leave to conduct additional discovery is granted over Defendants' objection. #190 Discovery is reopened and closes on January 17, 2022. The jury trial is set for April 19, 2022. The Court has several other jury trials set that day which will take precedence, but the parties should be ready to go to trial on April 19, 2022 unless the Court otherwise indicates. The final pretrial conference is set for March 21, 2022 at 9:30 a.m. by video conference. (KB)
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Filing 193
MOTION to Amend/Correct #181 Order on Motion for Summary Judgment,,,,,,,,,,,, Set/Reset Deadlines/Hearings,,,,,, Add and Terminate Parties,,,,, by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 11/15/2021 (Bracey, Joseph)
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Filing 192
RESPONSE to Motion re #190 MOTION for Leave to Conduct Additional Discovery (Objection) filed by Defendants Sekayi Baptist, Brian Biros, Weston Gresham, Terry Jahnssen, Kyle Kent, Joel Newkick, Leo Smith, Shelton Williams. (Bracey, Joseph)
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Filing 191
MEMORANDUM in Support re #190 MOTION for Leave to Conduct Additional Discovery filed by Plaintiff Adam Titus. (Robinson, LaRue)
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Filing 190
MOTION for Leave to Conduct Additional Discovery by Plaintiff Adam Titus. Responses due by 11/5/2021 (Robinson, LaRue)
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Filing 189
NOTICE of Appearance of Attorney by Henry Cross Thomas on behalf of Adam Titus (Thomas, Henry)
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Filing 188
NOTICE of Appearance of Attorney by Mitchell M Feldhake on behalf of Adam Titus (Feldhake, Mitchell)
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Filing 187
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Adam Titus. (Robinson, LaRue)
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Filing 186
NOTICE of Appearance of Attorney by LaRue Lawrence Robinson on behalf of Adam Titus (Robinson, LaRue)
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TEXT ORDER entered by Judge Sue E. Myerscough on 10/6/2021. In light of the recent appointment of pro bono counsel, the jury trial date is vacated. The status conference scheduled for October 15, 2021, at 1:30 p.m. is vacated due to a conflict in the Court's calendar. By October 22, 2021, Plaintiff is directed to file a motion setting forth what further discovery is needed, if any, and three agreed dates on which both sides are available for a jury trial. The clerk is directed to vacate the video writ for the status conference and vacate the trial date. (SAG)
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Filing 185
VACATED PURSUANT TO TEXT ORDER 10/6/2021--VIDEO WRIT issued for Plaintiff Titus' video participation at the Status Conference set before Judge Myerscough on 10/15/2021 at 1:00 PM. (Copy emailed to Concordia and Stateville CC) (DM) Modified on 10/6/2021 (SAG).
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Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE held on 9/15/2021. Plaintiff Adam Titus present via video. AAG Joseph Bracey present via video on behalf of Defendants. Attorneys Matt Basil and Larue Robinson of Willkie Far & Gallagher LLP present via video for possible pro bono appointment. Plaintiff agreed to pro bono appointment. Court appointed the law firm of Willkie Far & Gallagher LLP specifically Attorneys Matt Basil, Larue Robinson, Henry Thomas and Mitchell Feldhake as pro bono counsel for Plaintiff. Plaintiff's counsel requested an additional status. Additional Status Conference set on October 15, 2021 at 1:30 PM via video. Issue of possibility of virtual trial discussed with Court stating logistics of same. Counsel to speak with their respective clients regarding consent to Magistrate Judge picking jury as well as consent to taking vaccinated jurors from the jury pool first; and thereafter, if necessary, bringing in non-vaccinated jurors. Hearing adjourned. (Court Reporter MC.) (DM)
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Filing 184
TEXT ORDER Entered by Judge Sue E. Myerscough on 8/30/2021. Plaintiff's motion for reconsideration of counsel is granted. #183 The law firm of Willkie Farr & Gallagher LLP has graciously agreed to accept pro bono appointment. The final pretrial conference set for September 15, 2021 at 1:30 p.m. is converted to a status conference by video. The clerk is directed to add Attorney Matt Basil as Plaintiff's pro bono counsel. The clerk is directed to email this text order to the Pro Bono Coordinator to process the pro bono appointment pursuant to the standard procedures. (KB)
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Filing 183
MOTION for Reconsideration of Appointment of Counsel by Plaintiff Adam Titus. Responses due by 7/6/2021 (MAS)
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TEXT ORDER entered by Judge Sue E. Myerscough on 6/14/2021. The 4/7/21 order is vacated to the extent the order terminated Defendant Kent. Defendant Kent was dismissed on the bathroom claim but remains in the case on Plaintiff's excessive force claim. The clerk is directed to reinstate Defendant Kent. (KB)
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Filing 182
VIDEO WRIT issued to Stateville Correctional Center for Plaintiff Adam Titus R43512 to attend Final Pretrial Conference on 9/15/21 at 1:30 pm before Judge Sue E. Myerscough. (KB)
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Filing 181
ORDER entered by Judge Sue E. Myerscough on 4/7/2021. IT IS ORDERED: (1) Defendants' renewed motion for summary judgment is granted in part and denied in part. #176 Summary judgment is granted to Defendant Murray. Summary judgment is granted to Defendants Boland, Brubaker, Kent, and Ramsey. (2)The claims remaining for trial are: a. Eighth Amendment claim for excessive force against Defendant Kent. b. Eighth Amendment claim for deliberate indifference to the serious deprivation of basic human needs against Defendants Biros, Gresham, Jahnssen, Newkirk, Smith, and Williams. (3) A final pretrial conference is set for September 15, 2021 at 1:30 p.m. Plaintiff and defense counsel shall appear by video conference. (4) The jury trial is set to begin Tuesday, October 19, 2021 at 9:00 a.m. The jury selection is scheduled for October 18, 2021 at 1:30 p.m. before Magistrate Judge Schanzle-Haskins with the consent of the parties. (5) The clerk is directed to issue a video writ to secure Plaintiff's presence at the final pretrial conference. (6) The clerk is directed to terminate Defendants Murray, Boland, Brubaker, Kent, and Ramsey. (KB) Modified on 6/14/2021 order is vacated to the extent the order terminated Defendant Kent - Defendant Kent reinstated (KB).
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Filing 180
MEMORANDUM in Support of Plaintiff's #179 Response to Motion for Summary Judgment by Adam Titus. (Attachments: #1 Exhibits Continued, #2 Exhibits Continued, #3 Exhibits Continued, #4 Exhibits Continued)(MJC, ilcd)
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Filing 179
RESPONSE to #176 Second MOTION for Summary Judgment filed by Plaintiff Adam Titus. (MJC, ilcd)
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Filing 178
RULE 56 NOTICE to Plaintiff re #176 Second MOTION for Summary Judgment (KE, ilcd)
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Filing 177
MEMORANDUM in Support re #176 Second MOTION for Summary Judgment filed by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. (Attachments: #1 Exhibit Boland Declaration, #2 Exhibit Ramsey Declaration, #3 Exhibit Smith Declaration, #4 Exhibit HCU Sign In Sheet)(Bracey, Joseph)
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Filing 176
Second MOTION for Summary Judgment by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 11/20/2020 (Bracey, Joseph)
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TEXT ORDER entered by Judge Sue E. Myerscough on 10/19/2020. Plaintiff's motion to reconsider the Court's 9/17/20 order on summary judgment is denied for the reasons already stated in that order. #175 . (KE, ilcd)
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Filing 175
MOTION for Reconsideration of the Court's Order by Plaintiff Adam Titus. Responses due by 10/30/2020 (Document titled "Plaintiff's Motion to Object to Court's Order entered on 9/17/2020 Summary Judgment as to Defendants' Extension to 2nd Summary Judgment") (MAS, ilcd)
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Filing 174
ORDER entered by Judge Sue E. Myerscough on 9/17/2020. The motion for summary judgment by the Wexford Defendants (Fox, Joneson, Kjellesvik, Monroe, and Wexford Health Sources) is granted. #162 . The clerk is directed to terminate these defendants. The motion for summary judgment by the IDOC Defendants (Baptist, et al.) is granted in part and denied in part. #158 . Summary judgment is granted to the IDOC Defendants on Plaintiff's claims of deliberate indifference to his serious medical needs, except for the claim against Defendant Murry about denying Plaintiff's pain medicine. By October 31, 2020, the IDOC Defendants may file a motion for summary judgment on Plaintiff's claims that (1) Correctional Officer Murray ignored Plaintiff's request for Plaintiff's pain medicine the day after the incident, and (2) that Plaintiff was left chained in the bullpen for at least five hours with no restroom access despite Plaintiff's repeated requests to use the restroom. See written order. (KE, ilcd)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 7/15/2020. The motions to extend the reply deadline are granted. #170 , #171 . The replies have been filed. (KE, ilcd)
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Filing 173
REPLY to Response to Motion re #158 MOTION for Summary Judgment filed by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. (Attachments: #1 Exhibit Reply to Additional Material Facts)(Bracey, Joseph)
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Filing 172
REPLY to Response to Motion re #162 MOTION for Summary Judgment filed by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. (Hayes, Rachael)
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Filing 171
MOTION for Extension of Time to File Response/Reply as to #168 Memorandum in Opposition to Motion/Petition, #167 Response to Motion, by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 7/16/2020 (Bracey, Joseph)
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Filing 170
MOTION for Extension of Time to File Response/Reply as to #169 Response to Motion by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 7/16/2020 (Hayes, Rachael)
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Filing 169
RESPONSE to d/e #162 MOTION for Summary Judgment filed by Plaintiff Adam Titus. (Attachment: #1 Exhibits)(MAS, ilcd)
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Filing 168
MEMORANDUM in Opposition to Defendant's Memorandum of Law in Support of #158 MOTION for Summary Judgment filed by Plaintiff Adam Titus. (Attachments: #1 Exhibits)(MAS, ilcd)
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Filing 167
RESPONSE to Motion regarding d/e #158 MOTION for Summary Judgment filed by Plaintiff Adam Titus. (Document titled "Plaintiff's Opposition to the IDOC Defendants' Motion for Summary Judgment") (Attachment: #1 part 2)(MAS, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 5/21/2020. Plaintiff's motion to extend his deadline for responding to the motion for summary judgment to June 24, 2020 is granted. #166 . (KE, ilcd)
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Filing 166
MOTION for Extension of Time to File Response as to #158 MOTION for Summary Judgment , and #162 MOTION for Summary Judgment by Plaintiff Adam Titus. Responses due by 6/1/2020. (GL, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 4/30/2020. Plaintiff's motion to extend his deadline for filing a response to the pending motions for summary judgment is granted. #165 . Plaintiff's responses to the summary judgment motions are due May 30, 2020. (KE, ilcd)
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Filing 165
MOTION for Extension of Time to File Response/Reply as to #158 MOTION for Summary Judgment and #162 MOTION for Summary Judgment by Plaintiff Adam Titus. Responses due by 5/11/2020 (MAS, ilcd)
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TEXT ORDER granting #164 Motion for Extension of Time to File Response To Summary Judgment. Responses due by 4/17/2020. Entered by Magistrate Judge Tom Schanzle-Haskins on 03/17/2020. (SG, ilcd)
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Filing 164
MOTION for Extension of Time to File Response/Reply as to #162 MOTION for Summary Judgment by Plaintiff Adam Titus. Responses due by 3/23/2020 (MAS, ilcd)
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Filing 163
RULE 56 NOTICE entered re #162 MOTION for Summary Judgment sent to Plaintiff via Stateville Correctional Center scanning / NEF program. (ME, ilcd)
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Filing 162
MOTION for Summary Judgment by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 3/20/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Hayes, Rachael)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 2/10/2020. Plaintiff's motion to extend his deadline for responding to the motion for summary judgment filed by Defendants Baptist, et al., is granted. #161 . The motion by Defendants Fox, et al., to extend their dispositive motion deadline to February 28, 2020, is granted. #157 . Plaintiff's responses to both summary judgment motions are due April 17, 2020. (KE, ilcd)
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Filing 161
MOTION for Extension of Time to File Response/Reply as to #158 MOTION for Summary Judgment by Plaintiff Adam Titus. Responses due by 2/21/2020 (MAS, ilcd)
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Filing 160
RULE 56 NOTICE entered regarding #158 MOTION for Summary Judgment and conventionally mailed to Adam Titus, # R43512, Stateville Correctional Center, Inmate Mail/Parcels, P O Box 112, Joliet, IL 60434 (MAS, ilcd)
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Filing 159
MEMORANDUM re #158 MOTION for Summary Judgment by Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. (Attachments: #1 Exhibit Dep Tr - Titus, #2 Exhibit Kent Declaration, #3 Exhibit Kent Incident Report, #4 Exhibit Kent Disc Response 1, #5 Exhibit Kent Disc Response 2, #6 Exhibit IDOC Shift Roster, #7 Exhibit Med Records 1, #8 Exhibit Med Records 2, #9 Exhibit Pl's Answer to Baptist Interrog, #10 Exhibit Pl's Answr to Biros Interrog., #11 Exhibit Pl's Answer to Boland Interrog., #12 Exhibit Pl's Answer to Brubaker Interrog., #13 Exhibit Pl's Answer to Gresham Interrog., #14 Exhibit Pl's Answer to Jahnssen Interrog., #15 Exhibit Pl's Answer to Kent Interrog., #16 Exhibit Pl's Answer to Murray Interrog., #17 Exhibit Pl's Answer to Newkirk Interrog., #18 Exhibit Pl's Answer to Smith Interrog., #19 Exhibit Pl's Answer to Williams Interrog.)(Bracey, Joseph)
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Filing 158
MOTION for Summary Judgment by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 2/20/2020 (Bracey, Joseph)
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Filing 157
Third MOTION for Extension of Time to File Dispositive Motion by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 2/13/2020 (Hayes, Rachael)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 1/28/2020. The unopposed motions to extend the dispositive motion deadline to January 30, 2020 are granted. #155 , #156 . (KE, ilcd)
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Filing 156
Second MOTION for Extension of Time to File Dispositive Motion by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 1/14/2020 (Bracey, Joseph)
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Filing 155
Second MOTION for Extension of Time to File Dispositive Motion by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 1/14/2020 (Hayes, Rachael)
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/11/2019. Attorney Elmore is terminated as Plaintiff's pro bono counsel because Mr. Elmore's appointment was limited to representing Plaintiff at Plaintiff's deposition. The deposition has been taken. Plaintiff's motion to compel his discovery requests is denied #145 because Plaintiff did not timely serve those discovery requests before discovery closed as required by the scheduling order. Additionally, the parties have been engaging in substantial discovery in this relatively simple excessive force case since February 2019. Plaintiff does not explain why further discovery is necessary. Plaintiff's motion to extend discovery is denied. #146 . Plaintiff's motion to reconsider the appointment of pro bono counsel is denied for the reasons stated in the Court's 6/6/19 order. #151 . Plaintiff's motion for sanctions is denied. #152 . The Court sees no grounds for sanctions. Defendants' motions to extend the dispositive motion deadline to December 31, 2019 are granted. #153 , #154 . Dispositive motions are due December 31, 2019. (KE, ilcd)
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Filing 154
MOTION for Extension of Time to File Dispositive Motion by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 12/13/2019 (Bracey, Joseph)
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Filing 153
MOTION for Extension of Time to File Dispositive Motion by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 12/11/2019 (Hayes, Rachael)
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Filing 152
MOTION for Sanctions by Plaintiff Adam Titus. Responses due by 11/15/2019 (MAS, ilcd)
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Filing 151
MOTION for Reconsideration of Appointment of Counsel regarding d/e #127 Order entered on 6/26/2019 by Plaintiff Adam Titus. Responses due by 11/12/2019 (MAS, ilcd)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 10/25/2019. The motion to withdraw by Attorney McNaught is granted. #150 . The clerk is directed to terminate Attorney McNaught. (KE, ilcd)
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Filing 150
MOTION to Withdraw as Attorney by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 11/7/2019 (McNaught, Karen)
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Set Deposition Notice: Plaintiff will be deposed on 10/25/2019 at 1:30 PM in Courtroom 3 in Springfield. (DM, ilcd)
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Remark: As previously order and video writ executed, Plaintiff will appear via video for his deposition set on 10/25/2019 at 1:30 PM. All other parties will appear in person. (DM, ilcd)
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Filing 149
RESPONSE to Motion re #146 MOTION for Extension of Time to Complete Discovery filed by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. (Hayes, Rachael)
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Filing 148
REPLY to Response to Motion re #145 MOTION for Order to Compel Discovery Responses filed by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. (Hayes, Rachael)
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Filing 147
NOTICE of Appearance of Attorney by Rachael N Hayes on behalf of Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources (Hayes, Rachael)
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Filing 146
MOTION for Extension of Time to Complete Discovery by Plaintiff Adam Titus. (Document titled "Plaintiff's Motion to Reset Discovery Deadline") Responses due by 10/16/2019 (MAS, ilcd)
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Filing 145
MOTION for Order to Compel by Plaintiff Adam Titus. Responses due by 10/15/2019 (MAS, ilcd)
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Filing 144
VIDEO WRIT issued for Adam Titus on 10/25/2019 at 1:30 PM for a deposition. (KE, ilcd)
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Filing 143
CERTIFICATE of Service/Counsel Objections and Responses to Plaintiff's Request to Produce, Request to Admit and Interrogatories to Defendants by Brent J Colbert on behalf of Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources (Colbert, Brent)
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Filing 142
NOTICE of Appearance of Attorney by Brent J Colbert on behalf of Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources (Colbert, Brent)
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TEXT ORDER entered by Judge Sue E. Myerscough on 9/26/2019. Plaintiff's motion to reconsider the Court's denial of his motion to add new Defendants is denied for the reasons stated in the Court's order of June 26, 2019. #137 . Plaintiff's motion for an order directing the prison to pay the court-ordered sanctions from Plaintiff's account to defense counsel is denied. #141 . Plaintiff is responsible for directing the trust fund office to make those payments, in order to ensure that Plaintiff makes those payments before spending his income on commissary. Plaintiff is directed to pay $60.00 to Illinois Assistant Attorney General Bracey by October 11, 2019. Thereafter, Plaintiff must pay $20 to Attorney Bracey by the first of each following month until the $170 sanction is paid in full. (KE, ilcd)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 9/26/2019. Defendants' motion to extend the deadline for taking Plaintiff's deposition is granted. #139 . However, October 4, 2019, is not open on the Court's calendar. Plaintiff's video deposition is scheduled for October 25, 2019 at 1:30 p.m. in the courtroom of Magistrate Judge Schanzle-Haskins. Magistrate Judge Schanzle- Haskins will be available if problems arise during the deposition. Attorney James Elmore remains appointed as Plaintiff's pro bono counsel for the sole purpose of representing Plaintiff at Plaintiff's deposition. The clerk is directed to issue a video writ for Plaintiff for October 25, 2019 at 1:30 p.m. (3 hours). The dispositive motion deadline is extended to November 29, 2019. Defendants' motion to extend their deadline for responding to Plaintiff's discovery requests is granted. #136 . The requested extension (to September 2, 2019) has passed. (KE, ilcd)
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Filing 141
MOTION for Court Order by Plaintiff Adam Titus. Responses due by 10/2/2019 (MAS, ilcd)
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Filing 139
MOTION for Extension of Time to Complete Discovery to Depose Plaintiff and File Dispositive Motions by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 9/17/2019 (McNaught, Karen)
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Filing 140
CERTIFICATE of Service/Counsel by Adam Titus regarding service of discovery requests to defendants. (MAS, ilcd)
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Filing 138
CERTIFICATE of Service/Counsel regarding Plaintiff's discovery requests to Defendants Sabrina Fox, Shawna Joneson, Jodi Monroe and Traci Kjellesvik by Adam Titus (MAS, ilcd)
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Filing 137
MOTION for Reconsideration to motion to substitute/correct and identify Doe defendants by Plaintiff Adam Titus. Responses due by 9/6/2019 (MAS, ilcd)
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Filing 136
MOTION for Extension of Time to Complete Discovery by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 8/26/2019 (Bracey, Joseph)
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TEXT ORDER entered by Judge Sue E. Myerscough on 8/6/2019. Plaintiff's motion to allow his wrists and hands to be unshackled during his deposition is denied #133 because the Court defers to the security measures the prison deems necessary to ensure everyone's safety during the deposition. However, if Plaintiff is not permitted to have his hands and wrists free during the deposition, then a guard will be present during the deposition to assist Plaintiff in finding the papers Plaintiff needs to answer the deposition questions. (KE, ilcd)
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Filing 135
RESPONSE to Motion re #133 MOTION to unshackle Plaintiff For Deposition filed by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. (Bracey, Joseph)
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Filing 134
NOTICE of Compliance with the Court's Order of 6/26/2019 regarding service of a supplemental response to the IDOC Defendants' Interrogatories by Adam Titus (MAS, ilcd)
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Filing 133
MOTION to unshackle Plaintiff For Deposition by Plaintiff Adam Titus. Responses due by 8/5/2019 (Elmore, James)
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Filing 132
VIDEO WRIT issued for Adam Titus on 8/7/2019 at 1:30 PM for a Deposition. (KE, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 7/17/2019. Pursuant to the Court's rulings at the 7/11/2019 hearing, Defendants' motion for sanctions is granted in part and denied in part. #121 . The motion is granted to the extent the costs of the court reporter ($170.00) is assessed against Plaintiff, to be paid in monthly installments of $20.00 to Illinois Assistant Attorney General Bracey. The monthly payments shall be sent by the first of every month. Plaintiff's motions for an order are denied. #111 , #119 . Plaintiff's video deposition is set for August 7, 2019 at 1:30 p.m. in the courtroom of Magistrate Schanzle-Haskins. Magistrate Schanzle-Haskins will be available if problems arise during the deposition. Attorney James Elmore is appointed Plaintiff's pro bono counsel for the sole purpose of representing Plaintiff at Plaintiff's deposition. After the deposition has concluded, Attorney Elmore will be terminated. Attorney Elmore will be contacting Plaintiff for a phone conference. The discovery deadline is extended to September 1, 2019. The dispositive motion deadline is extended to October 15, 2019. In light of the extension of discovery, by August 12, 2019 Defendants are directed to answer Plaintiffs' discovery requests that the Court had earlier found untimely. The clerk is directed to issue a video writ for Plaintiff for August 7, 2019 at 1:30 p.m. (3 hours). Further, the clerk is directed to add Attorney Elmore to the docket and to notify the Pro Bono Coordinator of this appointment. (KE, ilcd)
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Filing 131
+++ PRISONER TRUST FUND LEDGER as to Adam Titus. (DM, ilcd)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 7/11/2019. Plaintiff Adam Titus present via video from Stateville CC. AAF Joseph Bracey present on behalf of Defendants Kint, Boland, Graham, Baptist, Murray, Brubaker, Smith, Jahnssen, Williams, Newkick and Biros. Attorney Karen McNaught present on behalf of Defendants Joneson, Fox, Wexford, Kjellesvike and Monroe. Motions addressed and rulings rendered. Discussion held regarding deposition of Plaintiff. Deadlines extended. Order to enter. Court adjourned. (Court Reporter KS.) (DM, ilcd)
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TEXT ORDER: Attorney Bracey is directed to bring a copy of Plaintiff's trust fund ledgers for the past six months to the hearing tomorrow (July 11, 2019) if Attorney Bracey is able to obtain those ledgers in time for the hearing. Entered by Judge Sue E. Myerscough on 7/10/2019. (SG, ilcd)
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Filing 130
NOTICE of Compliance to Ct's Order of 6/26/19 (Attachments: #1 Affidavit Ex 1)(Bracey, Joseph)
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TEXT ORDER finding as moot #129 Motion For Status. A Court order has entered addressing the pending motions. Entered by Magistrate Judge Tom Schanzle-Haskins on 6/27/19. (SG, ilcd)
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Filing 128
VIDEO WRIT issued to Stateville CC re Adam Titus for hearing set 7/11/2019 at 10:00 a.m. (SAG, ilcd)
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Filing 127
ORDER entered by Judge Sue E. Myerscough on 6/26/2019. IT IS ORDERED: (1) Plaintiff's motion to compel compliance with the Court's 10/1/18 order is denied #93 . (2) Plaintiff's motions for subpoenas to obtain video recordings of the alleged incident is denied because those recordings should be obtainable through discovery requests to Defendants #86 , #89 . (3) By July 31, 2019, Defendants are directed to inform the Court whether any video recordings exist or existed of the incidents alleged by Plaintiff. (4) Plaintiff's motions to compel the IDOC Defendants toprovide initial disclosures and identity information is denied #103 ,[105). (5) Plaintiff's motion to reinstate Defendants Horrom and Rhoades and to add a new Defendant (Moroney) is denied as untimely #104 . (6) Plaintiff's motion for a photo line-up of former Defendants Horrom, Rhodes, and Snyder is moot #88 . (7) Plaintiff's motion to compel against the Wexford Defendants is denied #106 . (8) The Wexford Defendants' motion for leave to file a response to Plaintiff's motion to compel is moot #113 . (9) Plaintiff's motion to compel some initial disclosures by the Wexford Defendants is denied #108 . (10) The IDOC Defendants' motions to compel responses to their interrogatories is granted #112 , #122 . (11) Plaintiff's motion to compel unredacted versions of discovery documents is denied #117 . (12) Plaintiff's motion to compel responses to his discovery requests mailed in February 2019 is denied because those discovery requests were untimely #124 . (13) The Jane Doe Mental Health Staff Defendants are dismissed without prejudice because Plaintiff has not timely identified them. (14) Plaintiff's motions for counsel are denied #96 , #114 , #126 . (15) Plaintiff's motions for the extension of discovery are denied #87 , #116 . (16) A hearing is set for Thursday, July 11, 2019, at 10:00 a.m. on Defendants' motion for sanctions and Plaintiff's motions for court orders regarding how his deposition is conducted #111 , #119 , #121 . (17) Plaintiff's motion for status is moot #109 . (18) The clerk is directed to terminate the Jane Doe Defendants. (19) The clerk is directed to issue a video writ to secure Plaintiff's presence at the hearing on July 11, 2019, at 10:00 a.m. Motions #111 , #119 , #121 remain pending. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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Filing 129
MOTION for Status of Case by Plaintiff Adam Titus. Responses due by 7/9/2019 (MAS, ilcd)
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Filing 126
MOTION for Reconsideration of Recruitment of Counsel by Plaintiff Adam Titus. Responses due by 4/30/2019 (MAS, ilcd)
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Filing 125
RESPONSE to Motion re #124 MOTION for Order to Compel discovery filed by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bracey, Joseph)
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Filing 124
MOTION for an Order Compelling Discovery by Plaintiff Adam Titus. Responses due by 3/29/2019 (Attachment: #1 Supplement)(MAS, ilcd)
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Filing 123
RESPONSE to Motion re #121 Joint MOTION for Sanctions and Response to Plaintiff's Motions (Doc. 111, 119) filed by Plaintiff Adam Titus. (DK, ilcd)
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Filing 122
MOTION to Supplement #112 MOTION to Compel by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 3/8/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Bracey, Joseph)
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Filing 121
Joint MOTION for Sanctions and Response to Plaintiff's Motions (Doc. 111, 119) by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 3/8/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Bracey, Joseph)
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Filing 120
CERTIFICATE of Service/Counsel of Discovery Documents by Adam Titus (Attachments: #1 Scanning Sheet and Certificate of Service)(MAS, ilcd)
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Filing 119
MOTION for a Court Order by Plaintiff Adam Titus. Responses due by 2/19/2019 (MAS, ilcd)
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Filing 118
NOTICE of Subpoenas (McNaught, Karen)
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Filing 117
MOTION to Compel by Plaintiff Adam Titus. Responses due by 2/15/2019 (Attachments: #1 Exhibit part 1, #2 Exhibit part 2, #3 Exhibit part 3, #4 Exhibit part 4, #5 Exhibit part 5, #6 Exhibit, #7 Exhibit, #8 Exhibit)(MAS, ilcd)
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Filing 116
MOTION for Extension of Time to Complete Discovery by Plaintiff Adam Titus. Responses due by 2/15/2019 (MAS, ilcd)
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Filing 115
CERTIFICATE of Service/Counsel of Discovery Documents by Adam Titus (MAS, ilcd)
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Filing 114
MOTION for Reconsideration of Counsel by Plaintiff Adam Titus. Responses due by 2/15/2019 (MAS, ilcd)
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Filing 113
MOTION for Leave to File Response to Motion to Compel by Defendants Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources. Responses due by 2/12/2019 (Attachments: #1 Exhibit A - Response to Motion to Compel)(McNaught, Karen)
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Filing 112
MOTION to Compel by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 2/8/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Bracey, Joseph)
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Filing 111
MOTION for Court Order by Plaintiff Adam Titus. Responses due by 2/5/2019 (MAS, ilcd)
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Filing 110
CERTIFICATE of Service/Counsel for Supplemental Rule 26 Disclosures by Karen L McNaught on behalf of Sabrina Fox, Shawna Joneson, Traci Kjellesvik, Jodi Monroe, Wexford Health Sources (McNaught, Karen)
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Filing 108
MOTION for an Order Compelling Discovery from Defendants by Plaintiff Adam Titus. Responses due by 1/18/2019 (MAS, ilcd)
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Filing 109
MOTION for Status of the Case by Plaintiff Adam Titus. Responses due by 1/17/2019 (MAS, ilcd)
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Filing 107
RESPONSE to Motion re #105 MOTION for Order, #103 MOTION for Order filed by Defendant Kyle Kint. (Bracey, Joseph)
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Filing 106
MOTION for Order Compelling Discovery by Plaintiff Adam Titus. Responses due by 12/26/2018 (MAS, ilcd)
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Filing 105
MOTION for an Order to Compel by Plaintiff Adam Titus. Responses due by 12/26/2018 (MAS, ilcd)
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Filing 104
MOTION to Substitute/Correct Names as to Defendants by Plaintiff Adam Titus. Responses due by 12/26/2018 (MAS, ilcd)
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Filing 103
MOTION for Order Compelling Discovery by Plaintiff Adam Titus. Responses due by 12/24/2018 (MAS, ilcd)
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Filing 102
NOTICE of Subpoena (McNaught, Karen)
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Filing 101
NOTICE of Appearance of Attorney by Karen L McNaught on behalf of Shawna Joneson (McNaught, Karen)
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Filing 100
NOTICE of Service of Defendants Rule 26 disclosures, answers to interrogatories and response to request to produce (McNaught, Karen)
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TEXT ORDER: Defendants' motion to extend the deadline for filing dispositive motions on exhaustion is granted. (d/e #99 .) The deadline for filing dispositive motions on exhaustion is extended to December 17, 2018. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/16/2018. (MAS, ilcd)
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Filing 99
Joint MOTION for Extension of Time to File Summary Judgment Motions Regarding Faiure to Exhaust Administrative Remedies by Defendants Sekayi Baptist, Brian Biros, James Boland, Christopher Brubaker, Weston Gresham, Terry Jahnssen, Kyle Kint, Heather Murray, Joel Newkick, Leo Smith, Shelton Williams. Responses due by 11/29/2018 (Bracey, Joseph)
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Filing 98
CERTIFICATE of Service/Counsel by Adam Titus regarding service of discovery documents (MAS, ilcd)
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Filing 97
CERTIFICATE of Service/Counsel by Adam Titus regarding service of discovery documents. (MAS, ilcd)
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Filing 96
MOTION to Request Counsel by Plaintiff Adam Titus. Responses due by 11/13/2018 (MAS, ilcd)
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Filing 95
CERTIFICATE of Service/Counsel regarding service of discovery documents (Plaintiff's Interrogatories) by Adam Titus (MAS, ilcd)
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Filing 94
CERTIFICATE of Service/Counsel regarding service of discovery documents by Adam Titus (MAS, ilcd)
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TEXT ORDER: Plaintiff's motion to withdraw his motion to review video footage is denied (d/e #91 ) because the Court does not see that motion in the docket. Plaintiff's unopposed motion to dismiss Defendants Horrom, Snyder, and Rhoades without prejudice is granted. (d/e #85 .) Plaintiff's motion to supplement/update his litigation history is granted. (d/e #81 .) The clerk is directed to terminate Defendants Horrom, Snyder, and Rhoades. The clerk is directed to send Plaintiff a copy of the docket sheet. Entered by Magistrate Judge Tom Schanzle-Haskins on 10/23/2018. (MAS, ilcd)
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Filing 93
MOTION to Compel by Plaintiff Adam Titus. Responses due by 11/2/2018 (MAS, ilcd)
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Filing 92
SCHEDULING ORDER. Discovery due by 2/18/2019. Motions due by 3/18/2019. The parties are reminded of their option to consent to proceed before a U. S. Magistrate Judge. (SEE WRITTEN SCHEDULING ORDER and CONSENT TO MAGISTRATE FORMS) Entered by Magistrate Judge Tom Schanzle-Haskins on 10/16/2018. (Attachment: #1 Consent to Magistrate Forms)(MAS, ilcd)
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Filing 91
MOTION to Withdraw #88 MOTION for Order to Review Video Footage by Plaintiff Adam Titus. Responses due by 10/30/2018 (MAS, ilcd)
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Filing 90
NOTICE of Compliance with the Court's October 1, 2018 Text Order (Bracey, Joseph)
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Filing 89
MOTION for Subpoenas by Plaintiff Adam Titus. Responses due by 10/24/2018 (MAS, ilcd)
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Filing 88
MOTION for Court Order for Photo Line-Up by Plaintiff Adam Titus. Responses due by 10/18/2018 (MAS, ilcd)
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Filing 87
MOTION for Extension of Time to Complete Discovery by Plaintiff Adam Titus. Responses due by 10/18/2018 (MAS, ilcd)
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TEXT ORDER: Plaintiff has filed a letter asking for subpoenas, which was docketed as a motion because Local Rule 45.1 prohibits the clerk from issuing blank subpoenas to a pro se litigant without a court order. The comment to that rule requires the plaintiff to explain the documents he seeks and their relevance. This rule prevents the issuance of blank subpoenas which are used for improper purposes unrelated to a pending case. By October 31, 2018, Plaintiff is directed to inform the Court the documents he seeks, their relevance to the case, and the addressees for the subpoenas. The clerk is directed to send Plaintiff a copy of Local Rule 45.1. Entered by Magistrate Judge Tom Schanzle-Haskins on 10/3/2018. (MAS, ilcd)
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Filing 86
MOTION for Subpoenas for Production by Plaintiff Adam Titus. Responses due by 10/15/2018 (MAS, ilcd)
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Filing 85
MOTION to Dismiss Defendants Steven Horrom, Robert Snyder and Aaron Rhoades by Plaintiff Adam Titus. Responses due by 10/15/2018 (MAS, ilcd)
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TEXT ORDER: Defendant Kent's motion to supplement his disclosure of the names of the individuals working on the date the incidents at issue occurred is granted. (d/e #75 .) The motion to withdraw by Attorney Bracey for Defendant Kjellesvik is granted. (d/e #70 .) Defendant Kjellesvik is represented by Attorney Karen McNaught. The motion to substitute Attorney Karen McNaught for Attorney Daniel Fornoff is granted. (d/e #84 .) The Plaintiff's motion to compel the names of individuals who might be the Doe Defendants is moot. (d/e #63 .) Defendants have provided the names, though Plaintiff is unable to tell from the names alone which two mental health professionals were involved in the incidents at issue. Plaintiff's motion for the Court to order a photo line-up of 15 mental health professionals is denied. (d/e #79 .) However, by October 15, 2018, Defendants are directed to inform the Court and Plaintiff which of those mental health professionals interacted with Plaintiff on January 1, 2017. Plaintiff's deadline for identifying the two remaining Doe Defendants who were mental health professionals is extended to October 31, 2018. A scheduling order will enter separately. The clerk is directed to terminate Attorney Bracey as to Defendant Kjellesvik only. The clerk is directed to terminate Attorney Fornoff. Entered by Magistrate Judge Tom Schanzle-Haskins on 10/1/2018. (MAS, ilcd)
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Filing 84
MOTION to Substitute Attorney, Daniel S. Fornoff to be replaced by Karen L. McNaught, by Defendants Traci Kjellesvik, Wexford Health Sources. Responses due by 10/10/2018 (McNaught, Karen)
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Filing 83
ANSWER to Complaint AND AFFIRMATIVE DEFENSES (Amended Complaint) by Sabrina Fox, Jodi Monroe.(McNaught, Karen)
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Filing 82
NOTICE of Appearance of Attorney by Karen L McNaught on behalf of Sabrina Fox, Jodi Monroe (McNaught, Karen)
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Filing 81
MOTION to Supplement Litigation History by Plaintiff Adam Titus. Responses due by 9/19/2018 (MAS, ilcd)
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Filing 80
WAIVER OF SERVICE Returned Executed as to Sabrina Fox; waiver sent on 8/1/2018, answer due 10/1/2018. (MAS, ilcd)
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Filing 79
MOTION for Order by Plaintiff Adam Titus. Responses due by 9/10/2018. (GL, ilcd)
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Filing 78
ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Traci Kjellesvik.(Fornoff, Daniel)
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Filing 77
WAIVER OF SERVICE Returned Executed as to Jodi Monroe; waiver sent on 5/23/2018, answer due 7/23/2018. (MAS, ilcd)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 9/4/2018. (MB, ilcd)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 9/4/2018. (MB, ilcd)
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Filing 76
NOTICE of Compliance re Order on Motion to Amend/Correct,,, (Fornoff, Daniel)
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Filing 75
MOTION to Supplement #65 Response to Motion by Defendant Kyle Kint. Responses due by 8/16/2018 (Attachments: #1 Exhibit 1)(Bracey, Joseph)
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Filing 74
NOTICE of Appearance of Attorney by Daniel Stephen Fornoff on behalf of Traci Kjellesvik (Fornoff, Daniel)
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Filing 73
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Sabrina Fox on 8/1/2018. (MAS, ilcd)
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TEXT ORDER: Plaintiff's motion to substitute Nurse Sabrina Fox for Jane Doe Nurse is granted. (d/e #67 .) On a separate matter, Defendant Wexford is directed to respond to Plaintiff's motion to compel the names of the mental health personnel working on 1/4/17, 7:00 am to 3:00 pm shift, at Pontiac Correctional Center. The Court understands that the motion to compel is directed at the IDOC Defendants, but the Court needs to know if Wexford has information different from what has been provided by the IDOC Defendants. The clerk is directed to change Defendant "Jane Doe Nurse" to "Nurse Sabrina Fox." The clerk is directed to send a waiver of service to Nurse Sabrina Fox. Judge Tom Schanzle-Haskins on 8/1/2018. (MAS, ilcd)
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Filing 72
SECOND REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jodi Monroe on 7/27/2018. (MAS, ilcd)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 7/24/2018 as to Defendant Jodi Monroe. A Request for Waiver of Service and Notice of Lawsuit #58 was sent to Defendant Monroe on May 23, 2018, which has not been returned. The Court will make a second attempt at getting that waiver executed and returned. If the waiver is not signed and returned to the Court within 30 days, the Court will take appropriate steps to effect formal service via an alternative manner authorized by the Federal Rules of Civil Procedure which, to the extent authorized by those Rules, may require the individual served to pay the full costs of such service. Clerk is directed to send a Second Request for Waiver of Service and a copy of this Order to Defendant Monroe at the Pontiac Correctional Center. (MAS, ilcd)
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Filing 71
ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Brian Biros, Steven Horrom, Joel Newkick, Aaron Rhoades, Leo Smith, Robert Snyder, Shelton Williams.(Bracey, Joseph)
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Filing 70
MOTION to Withdraw as Attorney by Defendant Traci Kjellesvik. Responses due by 8/6/2018 (Bracey, Joseph)
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Filing 69
WAIVER OF SERVICE Returned Executed as to Traci Kjellesvik; waiver sent on 6/27/2018, answer due 8/27/2018. (MAS, ilcd)
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Filing 68
NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of Traci Kjellesvik (Bracey, Joseph)
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Filing 67
MOTION to Amend/Correct #25 Amended Complaint by Plaintiff Adam Titus. (Document titled "Plaintiff's Motion for Substitution to Correct and Add Full Names") Responses due by 7/13/2018 (MAS, ilcd)
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Filing 66
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Traci Kjellesvik on 6/27/2018. (MAS, ilcd)
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Filing 65
RESPONSE to Motion re #63 MOTION to Compel filed by Defendant Kyle Kint. (Bracey, Joseph)
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TEXT ORDER: Plaintiff's motions to correct name spellings and substitute named defendants for Doe defendants is granted. (d/e's #60 , #64 .) The requested substitutions appear to have been already accomplished in the 5/23/18 order except for substituting Traci Kjellesvik for Nurse Jane Doe 2. The clerk is directed to substitute Traci Kjellesvik for Nurse Jane Doe 2 and to send a waiver of service to Defendant Kjellesvik. Entered by Magistrate Judge Tom Schanzle-Haskins on 6/20/2018. (MAS, ilcd)
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Filing 64
MOTION for substitution to correct and add full names by Plaintiff Adam Titus. Responses due by 6/25/2018 (ME, ilcd)
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Filing 63
MOTION to Compel Discovery by Plaintiff Adam Titus. Responses due by 6/25/2018 (MAS, ilcd)
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Filing 62
NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of Brian Biros, Steven Horrom, Joel Newkick, Aaron Rhoades, Leo Smith, Robert Snyder, Shelton Williams (Bracey, Joseph)
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Filing 61
WAIVER OF SERVICE Returned Executed as to Brian Biros; Steven Horrom; Joel Newkick (Joel Newkirk); Aaron Rhoades; Leo Smith; Robert Snyder and Shelton Williams (William Shelton). Waivers sent on 5/23/2018, answers due 7/23/2018. (MAS, ilcd)
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Filing 60
Plaintiff's Motion for Substitution to Correct the Spelling of Defendant's Names by Plaintiff Adam Titus. Responses due by 6/14/2018. (DM, ilcd)
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Filing 59
REPLY MOTION to Defendant Kent's Combined Response to Plaintiff's Motions to Compel Discovery regarding #51 and #52 filed by Plaintiff Adam Titus. (MAS, ilcd)
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Filing 58
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Brian Biros; Steven Horrom; Jodi Monroe; Joel Newkick; Aaron Rhoades; Leo Smith; Robert Snyder and Shelton Williams on 5/23/2018. (MAS, ilcd)
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Filing 57
ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 5/23/2018. Plaintiff's motion to substitute is granted, d/e #55 . Plaintiff's motions to compel are denied as moot, d/e's #51 and #52 , with leave to renew by 6/15/2018. Plaintiff's deadline for identifying the remaining Doe Defendants is 6/29/2018. (SEE WRITTEN ORDER) (MAS, ilcd)
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Filing 56
REPLY to Response to Motion regarding #51 MOTION for Order, #52 MOTION for Order filed by Plaintiff Adam Titus. (Attachments: #1 Exhibits, #2 Certificate of Service)(MAS, ilcd) Modified on 6/1/2018 to reflect the correct e-filed date is 5/23/2018. Document received by e-mail on 5/23/2018. (MAS, ilcd).
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Filing 55
MOTION to Substitute and add full names by Plaintiff Adam Titus. Responses due by 6/1/2018 (ME, ilcd)
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Filing 54
RESPONSE to Motion re #51 MOTION for Order, #52 MOTION for Order filed by Defendant Kyle Kent. (Attachments: #1 Exhibit)(Bracey, Joseph)
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Filing 53
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Lieutenant Leo Smith on 3/29/2018. (MAS, ilcd)
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Filing 52
MOTION for an Order Compelling Discovery (re: third set of interrogatories) by Plaintiff Adam Titus. Responses due by 4/6/2018 (MAS, ilcd)
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Filing 51
MOTION for an Order Compelling Discovery (re: second set of interrogatories) by Plaintiff Adam Titus. Responses due by 4/6/2018 (MAS, ilcd)
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Filing 50
NOTICE of Change of Address by Adam Titus. (JS, ilcd)
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Filing 49
NOTICE of Change of Address by Adam Titus (SKN, ilcd)
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NOTICE: The Clerk of the Court has been informed by Notice of Change of Address recently filed by Plaintiff in cause number 16-4251 that effective immediately, Plaintiff is now located at Stateville Correctional Center. It has been noted by the Clerks Office that this case is also pending in the Central District of Illinois, but Plaintiff has not filed a Notice of Change of Address in this case.Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. As a courtesy to Plaintiff, however, the Clerk is DIRECTED to send a copy of this Notice to Plaintiff at the institution where he has reportedly been transferred. Plaintiff shall, no later than 14 days from the date of this Notice, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action.Notice of Change of Address to be filed by plaintiff by 4/2/2018. (DS, ilcd)
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TEXT ORDER entered by Judge Tom Schanzle-Haskins on 3/16/18. Plaintiff's motion for substitution to correct and add full names #46 is GRANTED. Plaintiff identifies Defendant Smith as Leo Smith. The clerk is directed to correct Defendant Smith's name on the docket and attempt service on Defendant Smith pursuant to standard procedures. All of the other defendants named in plaintiff's motion have been served, and their names have been corrected on the Court's docket. Entered by Magistrate Judge Tom Schanzle-Haskins on 3/16/2018. (MAS, ilcd)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 4/13/2018. (MB, ilcd)
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CERTIFICATE of Service/Counsel of Discovery Document Requests by Adam Titus (ME, ilcd)
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Filing 48
CERTIFICATE of Service/Counsel for Directed to Plaintiff by Daniel Stephen Fornoff on behalf of Shawna Joneson, Wexford Health Sources (Fornoff, Daniel)
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Filing 47
ANSWER to #25 Amended Complaint With Affirmative Defenses by Shawna Joneson.(MAS, ilcd)
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Filing 46
MOTION to Amend/Correct and Add Full Names by Plaintiff Adam Titus. Responses due by 2/15/2018 (MAS, ilcd)
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Filing 45
NOTICE of Compliance re Order on Motion for Leave to File,,,, Set/Reset Deadlines:,,,,,,,,,,,,,,,,,,,,,,,,, (Bracey, Joseph)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 2/12/2018. (MB, ilcd)
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Remark: Pursuant to the Court's Text Order entered on 1/18/2018 clerk updated the docket to reflect the correct names of defendants Christopher Brubaker, Terry Jahnssen, Shawna Joneson and Kyle Kent. (MAS, ilcd)
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Remark: Per the Answer to First Amended Complaint filed on 1/8/2018, d/e #42 , Clerk updated the docket to reflect the full names of defendants Baptist (Sekayi Baptist), Boland (James Boland) and Gresham (Weston Gresham). (MAS, ilcd)
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TEXT ORDER: Plaintiff has filed two proposed second amended complaints which appear identical to the first amended complaint except to correct the spelling of the names of some defendants. Plaintiff's motions for leave to file the second amended complaints are granted to the extent Plaintiff seeks to correct the spellings of the defendants' names. (d/e's #39 , #40 .) The names will be corrected without filing the amended complaints. The clerk is directed to correct the following names in the docket: (1) Defendant Kint should be Kyle Kent; (2) Defendant Burbaker should be Christopher Brubaker; (3) Defendant Jahansen should be Terry Jahnssen; and, (4) Defendant Shawny should be Defendant Shawna Joneson. Defendant Joneson's motion to file an Answer instanter is granted. (d/e #38 .) The clerk is directed to separately docket Defendant Joneson's Answer. Lastly, Lieutenant Smith has not returned a waiver of service, but Plaintiff has not identified Lieutenant Smith's first name. By January 31, 2018, Attorney Bracey is directed to file the names of Lieutenants with the last name Smith who worked at Pontiac Correctional Center in January 2017. Plaintiff is directed to identify Lieutenant Smith's full name by February 12, 2018. Entered by Magistrate Judge Tom Schanzle-Haskins on 1/18/2018. (MAS, ilcd)
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Filing 44
CERTIFICATE of Service/Counsel of Discovery Documents/Requests by Adam Titus (MAS, ilcd)
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Filing 43
CERTIFICATE of Service/Counsel regarding discovery documents by Adam Titus (MAS, ilcd)
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Filing 42
ANSWER to #25 Amended Complaint,, by. Baptist,. Boland, Burbaker,. Gresham, T. Jahansen.(Bracey, Joseph)
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Filing 41
ANSWER to #25 Amended Complaint,, by. Kint.(Bracey, Joseph)
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Filing 40
MOTION for Leave to File correct Second Amended Complaint by Plaintiff Adam Titus. Responses due by 1/17/2018 (JRK, ilcd)
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Filing 39
MOTION for Leave to File Second Amended Complaint by Plaintiff Adam Titus. Responses due by 1/10/2018 (MAS, ilcd)
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Filing 38
MOTION for Leave to File Answer Instanter by Defendant. Shawny. Responses due by 1/10/2018 (Attachments: #1 Exhibit A)(Fornoff, Daniel)
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Filing 37
ANSWER to #25 Amended Complaint,, by Wexford Health Sources.(Fornoff, Daniel)
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Filing 36
NOTICE of Appearance of Attorney by Daniel Stephen Fornoff on behalf of. Shawny (Fornoff, Daniel)
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Filing 35
NOTICE of Appearance of Attorney by Daniel Stephen Fornoff on behalf of Wexford Health Sources (Fornoff, Daniel)
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Waiver of Service Returned Unexecuted as to Kyle Kent; filed by. Kint. (MAS, ilcd)
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Filing 34
WAIVER OF SERVICE Returned Executed as to defendants. Baptist,. Boland,. Burbaker,. Gresham and T. Jahansen. Waivers sent on 11/9/2017, answers due 1/8/2018. (MAS, ilcd)
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Filing 33
NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of. Kint (Bracey, Joseph)
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Filing 32
NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of. Baptist,. Boland, Burbaker,. Gresham, T. Jahansen (Bracey, Joseph)
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Filing 31
ANSWER to #25 Amended Complaint by Heather Murray.(MAS, ilcd)
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TEXT ORDER: The motion by Defendant Murray (named "Maury" in the complaint) to file her Answer instanter is granted. (d/e #30 .) The clerk is directed to correct Defendant Maury's name in the docket to Heather Murray and to docket Murray's Answer. Entered by Magistrate Judge Tom Schanzle-Haskins on 12/1/2017. (MAS, ilcd)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 1/8/2018. (MB, ilcd)
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Filing 30
MOTION for Leave to File Answer Instanter by Defendant. Maury. Responses due by 12/13/2017 (Attachments: #1 Supplement Answer)(Bracey, Joseph)
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Filing 29
CERTIFICATE of Service/Counsel of Discovery Documents by Adam Titus (MAS, ilcd)
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Filing 28
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Kent Kyle on 11/20/2017. (MAS, ilcd)
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Filing 27
WAIVER OF SERVICE Returned Executed as to Wexford Health Sources; waiver sent on 11/9/2017, answer due 1/8/2018. (MAS, ilcd)
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Filing 26
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to.Baptist,.Boland, Burbaker,.Gresham, T. Jahansen, Correctional Officer Kint, Nurse Shawny, Smith, Wexford Health Sources on 11/09/2017. (SKN, ilcd)
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Filing 25
AMENDED COMPLAINT against Defendants Correctional Officer Kint, Wexford Health Sources, Nurse Shawny,.Baptist, (1)Jane Doe (nurse), (2)Jane Doe (nurse), (1)Jane Doe (mental health), (2)Jane Doe (mental health),.Gresham, Burbaker, (1)John Doe (correctional officer), (2)John Doe (correctional officer), (3)John Doe (correctional officer),.Boland, Smith, T. Jahansen, Jane Doe (medical technician), John Doe (Lieutenant), (4)John Doe (correctional officer), (5)John Doe (correctional officer) and.Maury, filed by Adam Titus. (Attachments: #1 Exhibit)(SKN, ilcd)
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Text Order: Plaintiff's motion for leave to file an amended complaint is granted #19 . The claims in this case shall be those set forth in Plaintiff's amended complaint. The "Doe" defendants cannot be served. Plaintiff should send discovery requests to defense counsel to obtain the names of the unidentified defendants. Plaintiff's motions to preserve the video recordings of the alleged incidents are denied #14 , #18 because the recordings no longer exist ( #22 and attached affidavit). On a separate matter, Plaintiff's motion for the Court to try to recruit pro bono counsel is denied #20 . The Court cannot order an attorney to accept pro bono appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). In determining whether the Court should attempt to find an attorney to voluntarily take the case, the question is given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55 (7th Cir. 2007). On this record, Plaintiff appears competent to proceed pro se. His amended complaint is well written, demonstrating knowledge of the applicable law, relevant facts, and civil procedure. Plaintiff also has some experience litigating in federal court and has personal knowledge of the excessive force, his injuries, his attempts to obtain help, and the responses he received. The clerk is directed to docket the amended complaint and serve the new defendants pursuant to the standard procedures. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/09/2017. (SKN, ilcd)
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Text Order: Attorney Bracey has filed a motion to withdraw his appearance for Defendant Kint, asserting that an appearance was incorrectly entered for Kyle Kent rather than "Kent Kyle." Attorney Bracey further maintains that the correct Defendant, Kent Kyle, is on military service until September 2108 and has not requested representation in this matter. Attorney Bracey's motion is granted. (d/e #24 .) However, by November 17, 2017, Attorney Bracey is directed to provide the clerk with an address, to be kept confidential, where Defendant Kyle can be served. Defendant Kyle may file an appropriate motion to stay after he has appeared through counsel. The clerk is directed to terminate Attorney Bracey only as to Defendant Kint. Attorney Bracey remains defense counsel for Defendant Maury. On a separate matter, Nurse Shawny returned a signed waiver and Shawny's Answer was due October 30, 2017. The clerk is directed to send this text order to Attorney Joe Rupcich. The Court requests Mr. Rupcich to inform the Court by November 17, 2017, whether Mr. Rupcich or his law firm will be entering an appearance for Nurse Shawny. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/3/2017. (cc: Joe Rupcich via email). (ME, ilcd)
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Filing 24
MOTION to Withdraw as Attorney by Defendant. Kint. Responses due by 11/15/2017 (Bracey, Joseph)
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Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 10/30/2017. (MB, ilcd)
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Filing 23
WAIVER OF SERVICE Returned Executed as to Nurse Shawny; waiver sent on 8/31/2017, answer due 10/30/2017. (MAS, ilcd)
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Filing 22
RESPONSE to Motion re #18 MOTION filed by Defendant. Maury. (Attachments: #1 Exhibit 1)(Bracey, Joseph)
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Filing 21
ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by. Maury.(Bracey, Joseph)
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Text Order: Attorney Bracey has filed an appearance for Defendants Kint and Maury, whose Answers are due September 18, 2017. Also by September 18, 2017, Defendants Kint and Maury are directed to respond to Plaintiff's motions to preserve evidence (d/e's 14, 18). Entered by Magistrate Judge Tom Schanzle-Haskins on 9/5/2017. (MAS, ilcd)
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Filing 20
MOTION to Request Counsel by Plaintiff Adam Titus. Responses due by 9/14/2017 (MAS, ilcd)
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Filing 19
MOTION for Leave to File Amended Complaint by Plaintiff Adam Titus. Responses due by 9/14/2017 (MAS, ilcd)
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Filing 18
MOTION to Preserve Evidence by Plaintiff Adam Titus. Responses due by 9/14/2017 (MAS, ilcd)
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Filing 17
SECOND REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Nurse Shawny on 8/31/2017 at the confidential address provided by IDOC. (MAS, ilcd)
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Filing 16
NOTICE of Appearance of Attorney by Joseph Dennis Bracey, Jr on behalf of. Kint,. Maury (Bracey, Joseph)
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Waiver of Service Returned Unexecuted as to Nurse Shawny. (MAS, ilcd)
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Prisoner Initial Partial Filing Fee received 8/21/2017, in the amount of $20.00; receipt number 14626030087 (JRK, ilcd)
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Filing 15
WAIVER OF SERVICE Returned Executed as to C/O. Maury (Murray); waiver sent on 7/18/2017, answer due 9/18/2017. (MAS, ilcd)
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Filing 14
MOTION to Reserve Video Camera System Footage by Plaintiff Adam Titus. Responses due by 8/15/2017 (MAS, ilcd)
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Filing 13
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to C/O Maury on 7/18/2017. (MAS, ilcd)
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Filing 12
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Nurse Shawny on 7/17/2017. (MAS, ilcd)
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Filing 11
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to C/O Kint on 7/17/2017. (MAS, ilcd)
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Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 7/12/2017. (MAS, ilcd)
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Filing 9
MERIT REVIEW OPINION entered by Judge Sue E. Myerscough on 7/12/2017. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the Court finds that the Plaintiff states the following Eighth Amendment claims: an excessive force claim against Defendant Kint and a claim against Defendants Shawny and Maury for deliberate indifference to Plaintiff's serious medical needs. Defendants Baptist, Boland, Gresham and Wexford Health Sources are dismissed without prejudice for failure to state a claim against them. Plaintiff's motion for the Court to appoint counsel is denied, d/e #5 with leave to renew after Plaintiff demonstrates that he has made reasonable efforts to find counsel on his own. This case is now in the process of service. HIPAA Order to enter. (MAS, ilcd)
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ORDER granting d/e #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), the Plaintiff is assessed an initial partial filing fee of $30.26. The agency having custody of the Plaintiff is directed to forward the initial partial filing fee from the Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of the Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to the Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time the Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to the Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Sue E. Myerscough on 6/28/2017. (MAS, ilcd)
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Filing 8
+++ PRISONER TRUST FUND LEDGERS by Adam Titus (MAS, ilcd)
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Filing 7
NOTICE of Change of Address by Adam Titus. (SKN, ilcd)
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Filing 6
Letter from Clerk sent to Trust Fund Office, Pontiac Correctional Center requesting trust fund ledgers for the Plaintiff for the period of 12/1/2016 thru 5/31/2017. Copy of request sent to the plaintiff via the Pontiac Scanning Program. (MAS, ilcd)
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Filing 5
MOTION to Request Counsel by Plaintiff Adam Titus. Responses due by 6/16/2017 (MAS, ilcd)
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Filing 4
+++ PRISONER TRUST FUND LEDGER by Adam Titus (MAS, ilcd)
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Filing 3
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Adam Titus.(MAS, ilcd)
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Filing 2
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 6/22/2017. (Attachment: #1 Notice Regarding Privacy Issues)(MAS, ilcd)
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Filing 1
COMPLAINT against Correctional Officer. Baptist, Nurse Jane Doe, Correctional Officer. Kint and Nurse. Shawny, filed by Adam Titus.(MAS, ilcd)
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