Hughes et al v. Mitchell-Lawshea et al
| Michael Hughes, Ronnie Brazzell, Jeffrey Hargett and Lawrence Hayes |
| Jacqueline Mitchell-Lawshea, Michael Bednarz, Danielle Walker-Low, Jane Doe, Jane Doe 4, Jane Doe 5, Jane Doe 6, John Doe, Gregg Scott and Any and all other defendants discovered through the course of discovery to have participated in the events and actions complained of |
| 3:2015cv03114 |
| April 6, 2015 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Schuyler |
| Sue E. Myerscough |
| Tom Schanzle-Haskins |
| Conditions of Confinement |
| 02 U.S.C. ยง 437 |
| None |
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Filing
125
OPINION: The motion for leave to file excess pages is granted 99 . The motion for summary judgment by Defendants Bednarz, Hougas, and Scott is granted in part and denied in part 100 . Summary judgment is denied to Defendants Bednarz and Scott on Pl aintiff's dental claims. Summary judgment is denied to Defendants Hougas and Scott on Plaintiff Hughes' retaliation claim. Summary judgment is granted to Defendant Hougas and Scott on Plaintiff's petition claim and claim for indiffere nce to Plaintiff's mental disorder. Defendant Walker's motion for an extension to file a summary judgment motion is granted 105 . Defendant Walker's motion for leave to file a late reply is granted over Plaintiffs' objection [12 3]. Defendant Walker's motion for summary judgment is denied 107 . The motion for summary judgment by Defendant Simpson is granted in part and denied in part 102 . Summary judgment is denied to Defendant Simpson on Plaintiff Hughes' reta liation claim. Summary judgment is granted to Defendant Simpson on Plaintiff Hughes' petition claim and claim for indifference to his mental disorder. The motion to bifurcate is granted 98 . Plaintiff Hughes' retaliation claims against Defendants Simpson, Hougas, and Scott are severed into a new case. The Doe defendants are dismissed without prejudice because they have not been identified. The motion for sanctions against Defendant Hughes is denied 112 . Defendants may seek to im peach Defendant Hughes with his purported inconsistent statements at trial, but those inconsistencies do not arise to sanctionable behavior. The clerk is directed to open a new case with Michael Hughes as the Plaintiff and Sandra Simpson, Sally Houga s, and Gregg Scott as Defendants. The clerk is directed to file this order in the new case. Attorney Pliura will be listed as counsel for Plaintiff Hughes in the severed case, subject to a motion to withdraw by Mr. Pliura. This case proceeds on th e dental claims against Defendants Mitchell, Wexford, Scott, Bednarz, and Walker. The clerk is directed to terminate Defendants Simpson and Hougas from this case. The clerk is directed to terminate the Doe defendants. The final pretrial conference in this case is set for June 21, 2019, at 10:00 a.m. Plaintiffs and their counsel will appear by video conference. Defense counsel will appear in person. The jury trial in this case will begin Tuesday, July 16, 2019, at 9:00 a.m. Magistrate Judge Schanzle-Haskins will pick the jury, with the consent of the parties, on Monday, July 15, 2019 at 1:30 p.m. The Court will send out proposed jury instructions for discussion at the final pretrial conference. By June 13, 2019, the parties shall file: 1) an agreed proposed final pretrial order in substantially the same form as the sample attached as Appendix 2-1 to the Central District of Illinois Local Rules(www.ilcd.uscourts.gov); 2) alternate or additional proposed jury instructions (not dupli cative of the Court's); 3) motions in limine (to be orally argued at the final pretrial conference); and 4) proposed voir dire questions that are additional to the Court's standard voir dire (set forth on the District's website under Orders and Rules by Judge). The clerk is directed to issue a video writ for the final pretrial conference. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 03/07/2019. (SKN, ilcd)
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Filing
16
MERIT REVIEW OPINION (See Written Opinion): The Clerk is directed to dismiss Defendants John Doe #1 (Wexford Regional Manager); John Doe #2 (Senior Staffing Consultant); John Doe #3 and "any and all other defendants" for failure to state a claim upon which relief can be granted. The Clerk is also to add Defendant Wexford Health Source to this lawsuit. Entered by Judge Sue E. Myerscough on 6/29/2015. (VM, ilcd)
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