Burton v. Jerome Combs Detention Center et al
| Derek J Burton |
| Chad Kolitwenzew, Timothy Menard, Tannikki White, Heather Gill, Charee Sangster, J Most and Gloria Lochnes |
| 3:2011cv03171 |
| May 3, 2011 |
| U.S. District Court for the Central District of Illinois |
| Springfield Office |
| Fulton |
| Byron G. Cudmore |
| Sue E. Myerscough |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
114
OPINION entered by Judge Sue E. Myerscough on 09/16/2014. SEE WRITTEN OPINION. Plaintiff's motion to accept his exhibits E and F for consideration is granted 112 . Defendants' amended motion for summary judgment is denied 108 . The j ury selection and jury trial are scheduled forJanuary 20, 2015. A final pretrial conference is scheduled for November 12, 2014, at 1:30 p.m. Plaintiff shall appear by video conference. Defense counsel shall appear in person. The trial date will be chosen at the final pretrial conference. An agreed, proposed final pretrial order is dueNovember 6, 2014. Motions in limine are due November 6, 2014, to beargued orally at the final pretrial conference. The Court will send out proposed jury instruc tions and voir dire for discussion at the final pretrial conference. Additional or alternate instructions and additional voir direquestions are due November 6, 2014. Plaintiff and Defense counsel must bring their exhibits, marked, to the final pretrial conference. Objections to exhibits are due November 6, 2014. Objections must attach the exhibit at issue. The clerk is directed to issue a video writ to secure Plaintiff's presence at the final pretrial conference. (DM, ilcd)
|
|
Filing
107
OPINION. (1) Plaintiff's motion to compel is denied (d/e 99 ). Discovery remains closed. (2) At the summary judgment stage, the Court has a general practice of requiring Defendants to attach Plaintiff's entire deposition and Plaintiff 's medical records during the relevant time period. Defendants' motion for summary judgment attaches only parts of Plaintiff's deposition. Additionally, whether all the medical records for the relevant time period are attached is un clear. Accordingly, Defendants' motion for summary judgment is denied in its present form (d/e 101 ). By September 30, 2013, Defendants are directed to file a summary judgment motion with a complete copy of Plaintiff's deposition and a c opy of all of Plaintiff's medical records from September 1, 2009 to March 31, 2011. (3) Plaintiff's response to Defendants' summary judgment motion is due October 31, 2013. Entered by Judge Sue E. Myerscough on 9/5/2013. (CC, ilcd)
|
|
Filing
98
OPINION - 1. Plaintiff's Motion to Compel 81 is granted in part and denied in part. 2. By January 21, 2013, Defendants are directed to respond to interrogatories. 3. Defendants' Motion to Cite Additional Authority 94 is granted. The Co urt will consider the case cited by Defendants, as well as thePlaintiff's response to the motion to cite additional authority. 4. Plaintiff's response to the pending summary judgment motion isdue February 15, 2013. 5. Plaintiff's moti on to compel the production of insurance agreements is denied (d/e 87), with leave to renew if his case survivessummary judgment. 6. Plaintiff's Motion for Action on the Motion to Compel is deniedas moot 86 . 7. Motion 96 is denied because the motion was inadvertently filed in the wrong case.(CT, ilcd)
|
|
Filing
79
OPINION: (1) Plaintiff's motion to amend is denied [d/e 67 . (2) Plaintiff's request to hold Defendants liable for an alleged violation of HIPPA is denied. (3) Plaintiff's motion for subpoenas [d/e 75 is granted in part. The cler k is directed issue a subpoena addressed to Riverview Pharmacy, 475 Brown Boulevard, Suite 105, Bourbonnais, Illinois 60914. Plaintiff is responsible for completing the subpoena and timely serving it pursuant to the requirements of Fed. R. Civ. P. 45 . The subpoena must be served by July 2, 2012. Plaintiff's motion is otherwise denied. (4) Plaintiff's motion to compel copies of the depositions of Drs. Zumwalt and Verghese is denied [d/e 76 . (5) The Court agrees with Defendants' argument that Plaintiff's records from the Iroquois Mental Health Center may be relevant to their defense. The records will therefore be produced over Plaintiff's objections. The clerk is directed to send the sealed records [d/e 72 to D efense counsel. (6) Discovery is closed, with the exception of Plaintiff subpoena for information from the pharmacy and the provision of the insurance agreements to Plaintiff. (7) The dispositive motion deadline is extended to August 17, 2012. (8) The final pretrial conference is rescheduled to April 8, 2013 at 1:30 p.m. Defense counsel shall appear in person. Plaintiff shall appear by video conference. (9) The jury trial is rescheduled to May 7, 2013 on the Court's trailing trial calendar. The actual date for the trial will be determined at the final pretrial conference. Entered by Judge Sue E. Myerscough on 6/7/12. (ME, ilcd)
|
|
Filing
13
OPINION: IT IS THEREFORE ORDERED: 1. Pursuant to the Court's merit review of the complaint under 28 U.S.C. § 1915A, the court finds that Plaintiff states afederal constitutional claim for deliberate indifference to his serious medical needs during his stay at the Jerome Combs Detention Center from September 2009 through March 2011. This claim proceeds against the following defendants: Timothy Menard, Tannikki White, Heather Gill, Charee Sangster, Timothy Bukowski, Michael Downey, and C had Kolitwenzew. The Clerk is directed to reinstate Defendants Bukowski and Downey. 2. At this point, the case proceeds solely on the federal claim identified in paragraph one above and solely against the defendants identified in paragraph one above . See CDIL-LR16.3(C)("At any time a Case Management Order is issued by the court defining the remaining claims in the case, the case will proceed solely on those claims.... except in the Court's discretion on motion by a party for good caus e shown, or pursuant to Federal Rule of Civil Procedure 15."). 3. All claims other than the claim identified in paragraph one above are dismissed without prejudice for failure to state a claim. Defendants "J. Most" and Gloria Lochnes a re dismissed for failure to state a claim against them. TheJerome Combs Detention Center remains terminated as a defendant. 4. Plaintiff's petition for mandamus (d/e 5) is denied. The Court lacks supplemental jurisdiction over this state law 13 claim. 5. Plaintiff's requests to add defendants and to obtain a list of all pending cases against Jerome Combs Detention Center are denied. (d/e 9). The Clerk and Court do not conduct discovery for the parties. If Plaintiff seeks copies of the docket sheet in another case, he should submit a request detailing the case name and number and submitting 10 per page, prepaid. 6. This case is referred to the Magistrate Judge for entry of a Prisoner Scheduling Order. After entry of the Scheduling Order, service of Defendants will be attempted. 7. Defendants shall file an answer within the time prescribed by Local Rule. A motion to dismiss is not an answer. The answer should include all defenses appropriate under theFederal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. Entered by Judge Sue E. Myerscough on 6/30/2011. (CT, ilcd)
|
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
