Berry v. Liberty Healthcare Corporation et al
| Terry L Berry |
| Dr Shan Jumper, Christina Woods, Liberty Healthcare Corporation, Eric Kunkle, Gerald Carreon, Amy Clark, Jane/John Doe, Diane Dobier, Curtis Parsons, Paula Lodge, . Perez, Wanda Pennock, Shan Jumper and Javier Perez |
| 4:2020cv04200 |
| September 23, 2020 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER Entered by Chief Judge Sara Darrow on 6/2/2021. Defendants' Motion for Extension of Time #43 is GRANTED. Defendants shall respond to Plaintiff's discovery requests by June 29, 2021. (KB)
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| Filing 43 Second MOTION for Extension of Time to Complete Discovery by Defendants Curtis Parsons, Javier Perez, Christina Woods. Responses due by 6/15/2021 (Patel, Hinal) |
| Filing 42 CERTIFICATE of Service/Counsel of Discovery Document (Answers to Plaintiff Resubmission of Interrogatory Numbers 10-13) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 41 CERTIFICATE of Service/Counsel of Discovery Document (Objections to Plaintiff Resubmission of Interrogatory Numbers 10-13) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
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TEXT ORDER entered by Chief Judge Sara Darrow on 4/23/2021. Defendants' Motions for Extension of Time #33 #40 are GRANTED. Defendants shall disclose any experts by August 1, 2021. Defendants Parsons, Perez, and Woods shall respond to Plaintiff's discovery requests by June 1, 2021. Discovery shall be completed by September 1, 2021. Dispositive motions shall be filed by October 1, 2021. Defendants' Motion to Substitute Counsel #34 is GRANTED. Clerk is directed to remove Philip Andrews as attorney of record for defendants Parsons, Woods, and Perez. (KE)
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| Filing 40 MOTION for Extension of Time to File to Respond to Plaintiff's Discovery by Defendants Curtis Parsons, Javier Perez, Christina Woods. Responses due by 5/6/2021 (Patel, Hinal) |
| Filing 39 CERTIFICATE of Service/Counsel of Discovery Document (Answers to Plaintiff Interrogatories and Responses to Plaintiff Request for Production of Documents) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 38 MANDATE of USCA as to #23 Notice of Appeal filed by Terry L Berry (RES) |
| Filing 37 CERTIFICATE of Service/Counsel of Discovery Document (Objection to Plaintiff Interrogatories) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 36 CERTIFICATE of Service/Counsel of Discovery Document (Answers to Request for Admissions Directed to Gerald Carreon and Shan Jumper by Plaintiff) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 35 NOTICE of Appearance of Attorney by Hinal Akshay Patel on behalf of Curtis Parsons, Javier Perez, Christina Woods (Patel, Hinal) |
| Filing 34 MOTION to Substitute Attorney, Phil Andrews to be replaced by Hinal Patel, by Defendants Curtis Parsons, Javier Perez, Christina Woods. Responses due by 4/15/2021 (Patel, Hinal) |
| Filing 33 MOTION for Extension of Time to Complete Discovery by Defendants Gerald Carreon, Shan Jumper. Responses due by 4/5/2021 (Powell, Theresa) |
| Filing 32 NOTICE of Change of Address for Springfield office of Heyl Royster Voelker & Allen-removal of post office box (Powell, Theresa) |
| Filing 31 CERTIFICATE of Service/Counsel of Discovery Document (Initial Disclosures Pursuant to Court's Scheduling Order) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 30 USCA Circuit Rule 3(b) Fee Notice as to #23 Notice of Appeal filed by Terry L Berry. (RES, ilcd) |
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TEXT ORDER entered by Chief Judge Sara Darrow on 2/8/2021. Plaintiff filed a Motion for Leave to Proceed in forma pauperis #27 . Title 28 U.S.C. section 1915(a)(3) provides that "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Id. An appeal taken in "good faith" is not about the movant's sincerity or motivation. A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000). Judgment has not entered in this case, and the ruling Plaintiff challenges does not fall within the purview of 28 U.S.C. Sec. 1292. Plaintiff's legal basis for appeal is not supported by the applicable case law. See Miller v. Dobier, 634 F.3d 412 (2011). The Court does not see an arguable good faith basis for appeal. The Court certifies pursuant to 28 U.S.C. section 1915(a)(3) that Plaintiff's petition to appeal in forma pauperis is not in good faith, and the motion #27 is DENIED. Plaintiff's Motion to Stay #29 is DENIED. Plaintiff provided only a proof of service and a copy of orders entered by the appellate court. No motion is attached.(KB, ilcd)
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| Filing 29 MOTION to Stay Proceedings by Plaintiff Terry L Berry. Responses due by 2/17/2021 (Attachments: #1 exhibits)(RES, ilcd) |
| Filing 28 +++ PRISONER TRUST FUND LEDGER. by Terry L Berry (RES, ilcd) |
| Filing 27 MOTION for Leave to Appeal in forma pauperis by Plaintiff Terry L Berry. Responses due by 2/17/2021 (RES, ilcd) |
| Filing 26 USCA Circuit Rule 3(b) Notice as to #23 Notice of Appeal filed by Terry L Berry. (RES, ilcd) |
| Filing 25 NOTICE of Docketing Record on Appeal from USCA regarding #23 Notice of Appeal filed by Terry L Berry. USCA Case Number 21-1151. (RES, ilcd) |
| Filing 24 Short Record of Appeal Sent to US Court of Appeals regarding #23 Notice of Appeal (RES, ilcd) |
| Filing 23 NOTICE OF APPEAL as to #6 Merit Review Opinion and Text Order entered on 11/5/2020 by Terry L Berry. (RES, ilcd) |
| Filing 22 Remark: Discovery received by plaintiff was returned unfiled with copy of Rule 26.3 (RES, ilcd) |
| Filing 21 NOTICE OF SUBPOENA (Rushville Treatment & Detention Facility) by Defendants Gerald Carreon and Shan Jumper (Powell, Theresa) |
| Filing 20 CERTIFICATE OF SERVICE by Terry L Berry. (RES, ilcd) |
| Set/Reset Deadlines: Discovery due by 6/22/2021. Motions due by 7/22/2021. (SAG, ilcd) |
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Filing 19
SCHEDULING ORDER entered by Chief Judge Sara Darrow on 12/22/2020. Discovery due by 6/22/2021. Motions due by 7/22/2021. SEE FULL WRITTEN ORDER. (Attachments: #1 Consent to Magistrate Packet)(SAG, ilcd) Modified on 12/23/2020 to correct typographical errors (SAG, ilcd).
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Filing 18
ORDER Authorizing Release of Records entered by Chief Judge Sara Darrow on 12/22/2020. SEE WRITTEN ORDER.(SAG, ilcd)
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TEXT ORDER entered by Chief Judge Sara Darrow on 12/22/2020. Defendants' Motion for Order Authorizing Release of Records #17 is GRANTED. Clerk is directed to enter the proposed order attached to Defendants' motion. (SAG, ilcd)
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| Filing 17 MOTION for Order Authorizing Release of Records (Rushville TDF) by Defendants Gerald Carreon, Shan Jumper. Responses due by 1/4/2021 (Attachments: #1 Text of Proposed Order)(Powell, Theresa) |
| Filing 16 CERTIFICATE of Service/Counsel of Discovery Document (Request to Produce to Plaintiff) by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 15 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Curtis Parsons, Javier Perez, Christina Woods.(Andrews, Philip) |
| Filing 14 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Gerald Carreon, Shan Jumper.(Powell, Theresa) |
| Filing 13 NOTICE of Appearance of Attorney by Philip John Andrews on behalf of Curtis Parsons,. Perez, Christina Woods (Andrews, Philip) |
| Filing 12 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Gerald Carreon, Shan Jumper (Powell, Theresa) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Terry L Berry. Curtis Parsons waiver sent on 10/20/2020, answer due 12/21/2020;. Perez waiver sent on 10/20/2020, answer due 12/21/2020; Christina Woods waiver sent on 10/20/2020, answer due 12/21/2020. (SAG, ilcd) |
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TEXT ORDER entered by Judge Harold A. Baker on 11/5/2020. Plaintiff's Motion #10 asking the Court to reconsider its finding that Plaintiff did not state a Fourteenth Amendment procedural due process claim is denied. The Supreme Court's holding in Sandin v. Conner, 515 U.S. 472 (1995), requiring a plaintiff to show an "atypical and significant" deprivation to trigger due process concerns applies to prisoners and civil detainees alike. Miller v. Dobier, 634 F.3d 412 (2011). The violation of a state law or rule is also insufficient to show a constitutional violation. Guarjardo-Palma v. Martinson, 622 F.3d 801, 806 (7th Cir. 2010). (SAG, ilcd)
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| Filing 10 MOTION for Reconsideration regarding 10/20/20 Merit Review Order by Plaintiff Terry L Berry. Responses due by 11/12/2020 (ANW, ilcd) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Terry L Berry. Gerald Carreon waiver sent on 10/20/2020, answer due 12/21/2020; Shan Jumper waiver sent on 10/20/2020, answer due 12/21/2020. (Attachments: #1 Executed Waiver Carreon)(KE, ilcd) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Gerald Carreon, Shan Jumper, Curtis Parsons, Perez, Christina Woods on 10/20/2020. (Attachments: #1 Waiver Perez, #2 Waiver Parsons, #3 Waiver Jumper, #4 Waiver Carrreon)(KE, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 10/20/2020. See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 10/20/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the court finds that the plaintiff states a First Amendment retaliation claim against Defendant Woods and a Fourteenth Amendment Equal Protection claim against Defendants Perez, Jumper, Carreon, and Parsons. Any additional claims shall not be included in the case, except at the court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to terminate Liberty Healthcare Corporation, Eric Kunkle, Jane/John Doe STA-4, Amy Clark, Diane Dobier, Jane/John Doe STA, Wanda Pennock, Paula Lodge as defendants. The clerk is directed to attempt service on Defendants Woods, Perez, Jumper, Carreon, and Parsons pursuant to the standard procedures. Plaintiff's Petition to Proceed in forma pauperis #3 is granted. See written order. (KE, ilcd)
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| Filing 5 Letter from Plaintiff regarding partial filing fee $52.53 received by Court without a case number on it. (KB, ilcd) |
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TEXT ORDER: This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $400 filing fee). Income includes all deposits from any source. Plaintiff Terry Berry is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $105.06. Plaintiff is ordered to send an institutional check or money order in the amount of $52.53, payable to Clerk, U.S. District Court within 30 days from the date of this order. The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver. Entered by Chief Judge Sara Darrow on 9/24/2020. (SAG, ilcd)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Terry L Berry (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Terry L Berry.(SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801. Merit Review Deadline set for 10/13/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Terry L Berry. (Attachments: #1 part 2)(SAG, ilcd) |
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