Ratliff v. Wexford Health Sources, Inc. et al
| Ryan Ratliff |
| Wexford Health Sources Inc, Rob Jeffreys, Lisa Williams, Kathy Ashcraft, Zorian Trusewych, . Greene, Zachary Cook, Susette Winfield, Governor Pritzker, John Doe, 2 and John, 2 Doe |
| 3:2023cv03140 |
| April 13, 2023 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 55 Remark: Rule 26.3 re Filing of Discovery or Disclosure Materials. (FDS) |
| Filing 54 TELEPHONE WRIT issued to Lawrence CC for hearing set 6/22/2023 at 1:30 p.m. (SAG) |
TEXT ORDER setting Motion Hearing in all pending motions including: #50 MOTION for Extension of Time to Complete Discovery, #40 MOTION to Appoint Counsel and #52 MOTION for Leave to File Amended Answer and Affirmative Defenses is set for 6/22/2023 at 1:30 PM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Clerk is directed to issue a telephone writ for plaintiff's appearance. Entered by Magistrate Judge Jonathan E. Hawley on 6/8/23. (WG)
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| Filing 53 RESPONSE to Motion re #50 MOTION for Extension of Time to Complete Discovery filed by Defendants Zorian Trusewych, Wexford Health Sources Inc, Susette Winfield. (Warner, Matthew) |
| Filing 52 MOTION for Leave to File Amended Answer and Affirmative Defenses by Defendants Zorian Trusewych, Wexford Health Sources Inc, Susette Winfield. Responses due by 6/21/2023 (Attachments: #1 Exhibit A)(Warner, Matthew) |
| Filing 51 NOTICE of Service of Discovery Documents (Warner, Matthew) |
| Filing 50 MOTION for Extension of Time to Complete Discovery by Plaintiff Ryan Ratliff. Responses due by 6/15/2023 (FDS) |
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TEXT ORDER granting #49 Motion to Substitute Attorney. Attorney Caleb D. Hawkins and Timothy C Sansone terminated as counsel of record as Peter Jennetten and Matthew Warner have entered their appearance. Entered by Magistrate Judge Jonathan E. Hawley on 5/25/23. (WG)
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| Filing 49 MOTION to Substitute Attorney, Caleb Hawkins and Timothy Sansone to be replaced by Peter Jennetten and Matthew Warner, by Defendants Zorian Trusewych, Wexford Health Sources Inc, Susette Winfield. Responses due by 6/7/2023 (Warner, Matthew) |
| Filing 48 NOTICE of Appearance of Attorney by Matthew Allen Warner on behalf of Zorian Trusewych, Wexford Health Sources Inc, Susette Winfield (Warner, Matthew) |
| Filing 47 NOTICE of Appearance of Attorney by Peter R Jennetten on behalf of Zorian Trusewych, Wexford Health Sources Inc, Susette Winfield (Jennetten, Peter) |
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TEXT ORDER entered by Chief Judge Sara Darrow on 5/18/2023. The Southern District of Illinois recently transferred this case to this Court after finding that venue was appropriate in this district. See #43 . While the case was pending in the Southern District, the parties executed signed forms consenting to the jurisdiction of a U.S. Magistrate Judge to conduct all proceedings. See #22 #23 #25 . This case is accordingly transferred to Magistrate Judge Hawley for all further proceedings. Clerk is directed to notify Judge Hawley's chambers of this referral. (SAG)
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| Filing 46 Remark: Docket sheet attached pursuant to Plaintiff's request for status #45 (SAG) |
| Filing 45 Letter from Plaintiff regarding status of case. (ED) |
| Filing 44 Case transferred in from District of Illinois Southern; Case Number 3:22-cv-01039. |
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Filing 43
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Central District of Illinois. Signed by Magistrate Judge Mark A. Beatty on 4/12/2023. (klh2)
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| Filing 42 NOTICE: The Court has received from Plaintiff, Discovery MRI Reports. These documents will not be filed as it would violate this Court's Local Rule 26.1(b). No discovery materials shall be filed. Your documents were received electronically, therefore, will not be returned to you. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 41 NOTICE of Change of Address by Ryan Ratliff (jaj) |
| Filing 40 MOTION to Appoint Counsel by Ryan Ratliff. (jaj) |
| Filing 39 VIDEO WRIT ISSUED as to Ryan Ratliff, M04348 to be held 5/18/2023 at 10:00 a.m. at the East St. Louis Courthouse by Magistrate Judge Mark A. Beatty. (jmj) |
| Filing 38 NOTICE of Hearing: Status Conference set for 5/18/2023 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 37
FINAL SCHEDULING ORDER: Discovery due by 9/18/2023. Dispositive Motions due by 10/17/2023. Signed by Magistrate Judge Mark A. Beatty on 11/17/2022. (jmj)
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Filing 36
ORDER GRANTING #34 and #35 Motions to Withdraw Affirmative Defense of Failure to Exhaust Administrative Remedies. The affirmative defense is withdrawn as to all Defendants. The stay on discovery on the merits of Plaintiff's claims (see Doc. 31) is LIFTED, and the parties can proceed with discovery. A new schedule will be entered by separate order. Signed by Magistrate Judge Mark A. Beatty on 11/17/2022. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 35 MOTION to Withdraw their Affirmative Defense of Failure to Exhaust Administrative Remedies by Zorian Trusewych, Wexford Health Sources, Inc., Susette Doyle Winfield. (Hawkins, Caleb) |
| Filing 34 MOTION to Withdraw Reference (Affirmative Defenses) by Kathy Ashcraft, Zachary Cook, Lisa Williams. (Armstrong, Jeanine) |
| Filing 33 RESPONSE (Answer) to #31 Scheduling Order filed by Ryan Ratliff. (jaj) |
| Filing 32 RESPONSE to #30 Answer to Complaint filed by Ryan Ratliff. (jaj) |
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Filing 31
INITIAL SCHEDULING ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 11/15/2022. Motion to Amend, if filed at all, due 12/15/2022. Signed by Magistrate Judge Mark A. Beatty on 9/16/2022. (jmj)
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| Filing 30 ANSWER to #1 Complaint by Kathy Ashcraft, Zachary Cook, Lisa Williams.(Armstrong, Jeanine) |
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Filing 29
ORDER DENYING #24 Motion for Recruitment of Counsel. The Court finds Plaintiff has met the threshold burden of showing that he made a reasonable attempt to obtain counsel on his own (see Doc. 24), however, the Court is not persuaded that Plaintiff requires court-recruited counsel to assist him at this time. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (articulating factors court considers when evaluating motions for counsel). Although not all Defendants have filed their Answers yet, (see Doc. 28), those who have asserted exhaustion of administrative remedies as an affirmative defense (see Doc. 17). The issue of exhaustion hinges on facts available to Plaintiff, specifically, if and when he filed grievances and appeals pertaining to his claims. Given the quality of his previous filings, the Court believes that Plaintiff will be able to file a sufficient response to a motion for summary judgment on the issue of exhaustion and is competent to handle the case himself at this stage of litigation. Plaintiff may file a new motion for recruitment of counsel after the exhaustion issue is resolved. Signed by Magistrate Judge Mark A. Beatty on 8/18/2022. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 28
ORDER GRANTING #21 Motion for Extension of Time to File Response/Reply as to #1 Complaint. The deadline for Defendants Ashcraft, Cook, and Williams to file their Answer or other responsive pleading is EXTENDED to September 15, 2022. Signed by Magistrate Judge Mark A. Beatty on 8/17/2022. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER: The Clerk of Court is DIRECTED to modify the docket to reflect the full and correct names of Defendants. Assistant Warden Williams should be changed to Lisa Williams. Ashcraft should be changed to Kathy Ashcraft. Dr. Trusewych should be changed to Zorian Trusewych. Officer Cook should be changed to Zachary Cook. And Nurse Doyle should be changed to Susette Doyle Winfield. Signed by Magistrate Judge Mark A. Beatty on 8/17/2022. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 22-1039-MAB. Any District Judge previously assigned will no longer be assigned to this case. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 25 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hawkins, Caleb) Modified on 8/15/2022 (csb). |
| Filing 24 MOTION for Recruitment of Counsel by Ryan Ratliff. (jaj) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Armstrong, Jeanine) |
| Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Ashcraft, Officer Cook, Assistant Warden Williams. (Armstrong, Jeanine) |
| Filing 20 NOTICE FROM CLERK Instructing Nurse Doyle, Dr. Trusewych, and Wexford Health Sources, Inc. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Nurse Doyle, Dr. Trusewych, and Wexford Health Sources, Inc. on 7/26/2022. Consent due by 8/16/2022 (kek) |
| Filing 19 NOTICE of Appearance by Timothy C. Sansone on behalf of Nurse Doyle, Dr. Trusewych, Wexford Health Sources, Inc. (Sansone, Timothy) |
| Filing 18 DEMAND for Trial by Jury by Nurse Doyle, Dr. Trusewych, Wexford Health Sources, Inc.. (Hawkins, Caleb) |
| Filing 17 ANSWER to #1 Complaint by Nurse Doyle, Dr. Trusewych, Wexford Health Sources, Inc..(Hawkins, Caleb) |
| Filing 16 NOTICE of Appearance by Caleb D. Hawkins on behalf of Nurse Doyle, Dr. Trusewych, Wexford Health Sources, Inc. (Hawkins, Caleb) |
| Filing 15 NOTICE FROM CLERK Instructing Ashcraft, Officer Cook, and Assistant Warden Williams to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Ashcraft, Officer Cook, and Assistant Warden Williams on 7/19/2022. Consent due by 8/9/2022 (kek) |
| Filing 14 AMENDED NOTICE of Appearance by Jeanine R. Armstrong on behalf of Ashcraft, Officer Cook, Assistant Warden Williams (Armstrong, Jeanine) |
| Filing 13 NOTICE of Appearance by Jeanine R. Armstrong on behalf of Ashcraft, Officer Cook, Assistant Warden Williams (Armstrong, Jeanine) |
| Filing 12 WAIVER OF SERVICE Returned Executed Ashcraft waiver sent on 6/1/2022, answer due 8/1/2022; Officer Cook waiver sent on 6/1/2022, answer due 8/1/2022; Nurse Doyle waiver sent on 6/1/2022, answer due 8/1/2022; Dr. Trusewych waiver sent on 6/1/2022, answer due 8/1/2022; Assistant Warden Williams waiver sent on 6/1/2022, answer due 8/1/2022. (tjk) |
| Filing 11 WAIVER OF SERVICE Returned Executed Wexford Health Sources, Inc. waiver sent on 6/1/2022, answer due 8/1/2022. (tjk) |
| Initial Prisoner Filing Fee: $ 46.27 received, receipt number 44625014671 (kdw) |
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Filing 10
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 6/1/2022. (kare)
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| Filing 9 REQUEST FOR WAIVER of Service sent to Trusewych, Wexford, Doyle, Cook, Ashcraft, and Williams on 6/1/2022. Waiver of Service due by 7/1/2022. (tjk) |
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Filing 8
Order for Service of Process: As explained in this Order, the Clerk of Court is DIRECTED to serve Defendants Trusewych, Wexford, Doyle, Cook, and Williams. The Clerk is DIRECTED to correct the spelling of Green to Greene as named in the complaint. The Clerk is DIRECTED to TERMINATE Defendants Jeffreys, Greene, John Doe 2, and Pritzker because Plaintiff has failed to state a claim against these parties. Plaintiff's Motion for Recruitment of Counsel #3 is DENIED without prejudice. The Clerk is DIRECTED to enter the standard HIPAA Order in this case. Signed by Judge David W. Dugan on 6/1/2022. (kgk)
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $46.27. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Menard Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 5/24/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-1039-DWD. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge David W. Dugan on 5/17/2022. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 5/17/2022. Consent due by 6/7/2022 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Ryan Ratliff. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ryan Ratliff. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Ryan Ratliff.(jaj) |
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