Kerby v. Doe et al
| Brandon Kerby |
| Jane Doe, . Bukowski, . Sessions, . Mehand, . Brinkmen, . McCabe and . Latrel |
| 2:2016cv02392 |
| December 30, 2016 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Kankakee |
| James E. Shadid |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
7
MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 4/3/2017. IT IS THEREFORE ORDERED that:1)Pursuant to its merit review of the complaint under 28 U.S.C. § 1915A, the Court finds the Plaintiff alleges Defendant Nurse Tammy was delibe rately indifferent to his serious medical condition, back pain, in February of 2015. Any additional claims shall not be included in the case, except at the Courts discretion on motion by a party for good cause shown or pursuant to Federal Rule of C ivil Procedure 15. 2) This case is now in the process of service. Plaintiff is advised to wait until counsel has appeared for Defendants before filing any motions, in order to give Defendants notice and an opportunity to respond to those motions. M otions filed before Defendants' counsel has filed an appearance will generally be denied as premature. Plaintiff need not submit any evidence to the Court at this time, unless otherwise directed by the Court. 3) The Court will attempt service on Defendants by mailing each Defendant a waiver of service. Defendants have 60 days from the date the waiver is sent to file an Answer. If Defendants have not filed Answers or appeared through counsel within 90 days of the entry of this order, Pla intiff may file a motion requesting the status of service. After Defendants have been served, the Court will enter an order setting discovery and dispositive motion deadlines. 4)With respect to a Defendant who no longer works at the address provide d by Plaintiff, the entity for whom that Defendant worked while at that address shall provide to the Clerk said Defendant's current work address, or, if not known, said Defendant's forwarding address. This information shall be used only for effectuating service. Documentation of forwarding addresses shall be retained only by the Clerk and shall not be maintained in the public docket nor disclosed by the Clerk. 5) Defendants shall file an answer within 60 days of the date the waiver is sent by the Clerk. A motion to dismiss is not an answer. The answer should include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Opinion. In general, an ans wer sets forth Defendants' positions. The Court does not rule on the merits of those positions unless and until a motion is filed by Defendants. Therefore, no response to the answer is necessary or will be considered. 6) This District uses ele ctronic filing, which means that, after Defense counsel has filed an appearance, Defense counsel will automatically receive electronic notice of any motion or other paper filed by Plaintiff with the Clerk. Plaintiff does not need to mail to Defense counsel copies of motions and other papers that Plaintiff has filed with the Clerk. However, this does not apply to discovery requests and responses. Discovery requests and responses are not filed with the Clerk. Plaintiff must mail his discovery requests and responses directly to Defendants' counsel. Discovery requests or responses sent to the Clerk will be returned unfiled, unless they are attached to and the subject of a motion to compel. Discovery does not begin until Defense couns el has filed an appearance and the Court has entered a scheduling order, which will explain the discovery process in more detail.7)Counsel for Defendants is hereby granted leave to depose Plaintiff at his place of confinement. Counsel for Defendants shall arrange the time for the deposition. 8)Plaintiff shall immediately notify the Court, in writing, of any change in his mailing address and telephone number. Plaintiff's failure to notify the Court of a change in mailing address or phone nu mber will result in dismissal of this lawsuit, with prejudice. 9)If a Defendants fails to sign and return a waiver of service to the clerk within 30 days after the waiver is sent, the Court will take appropriate steps to effect formal service through the U.S. Marshal's service on that Defendant and will require that Defendant to pay the full costs of formal service pursuant to Federal Rule of Civil Procedure 4(d)(2). 10)Within 10 days of receiving from Defendants' counsel an authorizat ion to release medical records, Plaintiff is directed to sign and return the authorization to Defendants' counsel.11) The Clerk of the Court is directed to dismiss Defendants Bukowski, Sessions, Mehand, Brinkman, McCabe and Latrel for failure to state a claim upon which relief can be granted. In addition, to clarify the docket, the Clerk should dismiss Nurse Jane Doe and instead add Nurse Tammy to the docket. Nurse Tammy is the sole, remaining Defendant. 12) Plaintiffs motion for appointm ent of counsel is denied with leave to renew. 5 Plaintiffs motion for a status update is denied as moot. 6 13) The Clerk of the Court is to attempt service on the Defendant pursuant to the standard procedures. 14)The Clerk is finally directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See full written Order.(Rule 16 Deadline 6/2/2017.) (VH, ilcd)
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