Trail v. Woodrum et al
| Tyler Trail |
| Advanced Correctional Healthcare, Inc., Amy Woodrum, County of Logan, Mark Landers and Mike Block |
| 3:2020cv03076 |
| March 24, 2020 |
| US District Court for the Central District of Illinois |
| Richard Mills |
| Tom Schanzle-Haskins |
| James E Shadid |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 RESPONSE to Motion re #14 MOTION to Dismiss filed by Defendants Mike Block, County of Logan, Mark Landers. (Powell, Theresa) |
| Filing 15 RESPONSE to Motion re #14 MOTION to Dismiss filed by Defendants Advanced Correctional Healthcare, Inc., Amy Woodrum. (Wirth, Betsy) |
| Filing 14 MOTION to Dismiss by Plaintiff Tyler Trail. Responses due by 5/20/2020 (FDS, ilcd) |
| Filing 13 NOTICE of Appearance of Attorney by Peter R Jennetten on behalf of Advanced Correctional Healthcare, Inc., Amy Woodrum (Jennetten, Peter) |
| Filing 12 NOTICE of Appearance of Attorney by Betsy Ann Wirth on behalf of Advanced Correctional Healthcare, Inc., Amy Woodrum (Wirth, Betsy) |
TEXT ORDER entered by Judge James E. Shadid on 4/9/2020. Plaintiff filed a complaint in state court alleging violations of federal law. Specifically, Plaintiff alleged violations of HIPPA and PREA. Defendants filed a petition to remove Plaintiff's case and paid the filing fee in full. The case was removed to the United States District Court for the Central District of Illinois. Plaintiff has now filed a motion for remand and a motion for injunctive relief #10 , #11 . First, Plaintiff asks the Court to remand his case back to state court. Plaintiff says he only used terms HIPPA and PREA to prove his state law claims. Plaintiff's complaint alleges the Defendants violated his right to privacy pursuant to two federal statutes. Therefore, his case should be in federal court and his motion is denied #10 . Plaintiff's second motion is entitled "Petition for Injunctive Relief" #11 . Plaintiff says he has filed a lawsuit alleging Defendants violated his right to medical privacy. Therefore, he asks the Court to order officers to stand outside the door for any future medical exams or questions. If Plaintiff intended to ask for emergency injunctive relief with a temporary restraining order or preliminary injunction, he "must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations omitted). See also Korte v. Sebelius, 735 F.3d 654, 665 (7th Cir. 2013). In addition, a preliminary injunction is "an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). Plaintiff simply says he has filed a lawsuit. Therefore, Plaintiff has not met his burden for either a TRO or preliminary injunction and his motion is denied #11 . If Plaintiff is successful at summary judgment or trial, he may request injunctive relief at that time. (SAG, ilcd)
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| Set Deadline: Merit Review Deadline set for 4/23/2020. (SAG, ilcd) |
| Filing 11 PETITION for Injunctive Relief by Plaintiff Tyler Trail. Responses due by 4/22/2020 (RK, ilcd) |
| Filing 10 MOTION to Remand by Plaintiff Tyler Trail. Responses due by 4/22/2020 (RK, ilcd) |
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TEXT ORDER entered by Judge James E. Shadid on 4/6/2020. Plaintiff has responded to Defendants Motion to Dismiss with a Motion to Strike Defendants' motion #9 . The Court will not strike Defendants' motion, but will instead consider the arguments made by Defendants and Plaintiff. Therefore, the Clerk is directed to file Plaintiff's motion as a response #9 The parties will receive a copy of any order entered. Plaintiff is again reminded he must immediately notify the Court in writing of any change in his mailing address or phone number. Failure to provide this information could lead to the dismissal of his lawsuit. (SAG, ilcd)
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| Filing 9 RESPONSE to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Tyler Trail. (Attachments: #1 part 2 continued)(RK, ilcd) Modified on 4/6/2020 pursuant to Text Order 4/6/2020(SAG, ilcd). |
| Filing 8 RULE 12(C) NOTICE entered re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (RK, ilcd) |
| Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Mike Block, County of Logan, Mark Landers. (Powell, Theresa) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Mike Block, County of Logan, Mark Landers. Responses due by 4/8/2020 (Powell, Theresa) |
| Filing 5 DEMAND for Trial by Jury by Mike Block, County of Logan, Mark Landers. (Powell, Theresa) |
| Filing 4 Designation of Lead Counsel by Theresa M Powell on behalf of Mike Block, County of Logan, Mark Landers. (Powell, Theresa) |
| Filing 3 NOTICE of Appearance of Attorney by Ryan Anthony Kemper on behalf of Mike Block, County of Logan, Mark Landers (Kemper, Ryan) |
| Filing 2 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Mike Block, County of Logan, Mark Landers (Powell, Theresa) |
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TEXT ORDER REASSIGNING CASE entered by Chief Judge Sara Darrow on 3/25/2020. Case reassigned to Judge James E. Shadid for all further proceedings. Judge Richard Mills and Magistrate Judge Tom Schanzle-Haskins no longer assigned to case. (KE, ilcd)
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| Filing 1 NOTICE OF REMOVAL from Eleventh Judicial Circuit of Illinois, Logan County, case number 2020-MR-17 (Filing fee $ 400 receipt number 0753-3336364), filed by Advanced Correctional Healthcare, Inc., Amy Woodrum.(Wirth, Betsy) |
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