Crawford v. Wexford Health Source Inc. et al.
| Crawford and DeAndre Crawford |
| Baskerville, Jane Doe, Wexford Health Source Inc., RN Amanda, Officer McNight, RN Paige, RN Tina, Officer Barota, RN Christal, RN Wendy, Nurse Jane Doe 1, Lt. Bennett, Don Mills, Wendy Dybas, Officer Baskerville, Sgt Panazzo and RN Lidda |
| Illinois Department of Corrections |
| 1:2016cv04216 |
| April 8, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Will |
| Edmond E Chang |
| Mary M Rowland |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 147 MINUTE entry before the Honorable Mary M. Rowland: This case has been resolved. The court expresses its appreciation to William P. Murphy of William P. Murphy & Associates and Mina Stojicic Zardkoohi of the Law office of Mina Stojicic Zardkoohi for their tireless work on behalf of Mr. Crawford. Mr. Murphy was first recruited to represent Mr. Crawford on June 6, 2016. Mr. Murphy devoted four plus years to representing Mr. Crawford in this matter, from the initial complaint to the eve of trial. You have done the profession proud, Mr. Murphy. Ms. Zardkoohi became involved of her own accord, not required by the court, when the hard work for summary judgment, pre-trial motions and trial preparation was required. The Court appreciates your willingness to represent the underrepresented, Ms. Zardkoohi. You remind us all what is best about our profession. This case is dismissed without prejudice. It can me be reinstated up until 12/17/20. On 12/18/20 the dismissal with automatically convert to a termination with prejudice. Civil case terminated. Mailed notice (np, ) |
| Filing 146 MINUTE entry before the Honorable Mary M. Rowland: Telephone status hearing held on 10/5/2020. Counsel advised the court that the case has been settled. The trial date set for October 13-14, 2020 is stricken. Counsel will file a stipulation to dismiss within thirty days. The video conference writ is cancelled. Mailed notice (ewf, ) |
| Filing 145 MINUTE entry before the Honorable Mary M. Rowland: As Mr. Crawford waives his physical presence at trial and requests to appear via video conference at the bench trial set for 10/13/20 and 10/14/20 #142 , therefore, Plaintiff's motion for writ of habeas corpus ad testificandum #130 is denied as moot. Mailed notice. (dm, ) |
Filing 144
ORDER : The pretrial order raises a dispute regarding the admissibility of two defense witnesses: Dr. Jonathan R. Kelly and Dr. Alma Martija. (Dkt. 105 at 2-3). For the reasons in the attached Order, the court finds these witnesses are not permitted to testify. The Court sets a status for Monday, October 5, 2020 at 11:00 AM. Counsel should call 866-434-5269, access code 3751971. Parties must be prepared to report whether witness Wendy Dybas and Michelle Miller will be appearing in person or remote. Defense counsel must also be in a position to confirm what time the institution housing Mr. Crawford plans to make him available for trial on Tuesday, October 13-14, 2020. Signed by the Honorable Mary M. Rowland on 10/2/2020. Mailed notice. (dm, )
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| Filing 143 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Both parties appeared telephonically. The court will issue a video writ to the Lawrence Correctional Center for Plaintiff to appear by video for the bench trial set for 10/13/20 and 10/14/20. On 10/13/20, the trial will start at 10:00am and end at 4:00pm. On 10/14/20, the trial will start at 10:00am and end at 12:00pm. The court will reserve ruling on exhibits. A ruling regarding disputed witnesses will be forthcoming. A status will be set after ruling on witnesses.Mailed notice. (dm, ) |
| Filing 142 MINUTE entry before the Honorable Mary M. Rowland:The court has reviewed the status report. Mr. Crawford waives his physical presence at trial and requests to appear via video conference at the bench trial set for 10/13/20 and 10/14/20. Status hearing set for 8/18/20 remains set and will be held telephonically. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) |
| Filing 141 STATUS Report by DeAndre Crawford (Murphy, William) |
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Filing 140
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
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| Filing 139 MINUTE entry before the Honorable Mary M. Rowland: Telephonic final pretrial conference held. The Court acknowledges wavier of jury demand filed by Plaintiff on 6/8/20. The Court raised concerns about how Mr. Crawford would be transported to the Federal Courthouse given the current health crisis. Plaintiff's counsel shall confer with Mr. Crawford on this issue and whether he would allow an appearance via video. Bench trial set for 10/13/20 at 10:00am. The parties anticipate trial to last 2 days. Status hearing set for 8/18/20 at 10:00am. Parties shall be prepared to report on how this bench trial will proceed. Mailed notice. (dm, ) |
| Filing 138 WAIVER of jury demand by Plaintiff DeAndre Crawford (waiver of jury demand) (Murphy, William) (Docket text modified by Clerk's Office) Modified on 6/9/2020 (bg, ). |
| Filing 137 MINUTE entry before the Honorable Mary M. Rowland: The final pretrial conference set for 6/9/20 at 11:00am will be held telephonically. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) |
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Filing 136
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
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| Filing 135 MINUTE entry before the Honorable Mary M. Rowland: In anticipation of the bench trial, Plaintiff and Defendants each filed motions in limine. Plaintiff moves to bar any evidence or reference to his murder conviction #106 , which Defendants intend to use for impeachment purposes #111 . Defendants seek to exclude all evidence of other lawsuits, complaints, grievances, and disciplinary actions against nurse Wendy and Wexford as irrelevant, hearsay, and improper character evidence #108 . Both motions heavily discuss the impact this evidence will have on a jury. However, "such considerations are minimal in bench trials" United States v. Brown, No. 15 C 3283, 2017 WL 219521, at *2 (N.D. Ill. Jan. 19, 2017). The Court follows the Seventh Circuit's guidance regarding the distinction between a bench trial and a jury trial: "Where the gatekeeper and the factfinder are one and the samethat is, the judgethe need to make [evidentiary] decisions prior to hearing the testimony is lessened Thus, where the factfinder and the gatekeeper are the same, the court does not err in admitting the evidence subject to the ability later to exclude it or disregard it." In re Salem, 465 F.3d 767, 777 (7th Cir. 2006); see also United States v. Brown, 415 F.3d 1257, 1269 (11th Cir. 2005) ("There is less need for the gatekeeper to keep the gate when the gatekeeper is keeping the gate only for himself"). "Moreover, any Rule 403 concerns as to prejudice or confusion are not at issue in the context of a bench trial." Luxco, Inc. v. Jim Beam Brands Co., No. 14 C 039, 2016 WL 6193794, at *13 (N.D. Ill. Oct. 24, 2016); see also United States v. Reed, 744 F.3d 519, 525 (7th Cir. 2014); United States v. Shukri, 207 F.3d 412, 419 (7th Cir 2000) ("In a bench trial, we assume that the district court was not influenced by evidence improperly brought before it unless there is evidence to the contrary."). This is particularly true for evidence of Plaintiff's conviction. Accordingly, Plaintiff's motion #106 is largely denied as moot. However, details of Crawford's underlying conviction are of no interest to the Court. Defendants' motion #108 is similarly denied as moot. Because this is a bench trial, the Court will determine what weight, if any, to give the evidence of prior grievances, complaints, and disciplinary actions, and may disregard this evidence later in the proceedings as the Federal Rules of Evidence so dictate. Luxco, 2016 WL 6193794, at *13. Mailed notice. (dm, ) |
| Filing 134 MINUTE entry before the Honorable Mary M. Rowland: There was a jury demand in the first amended complaint. #49 . On 6/12/19, the Court entered an order setting the matter for a bench trial and the defendant soon thereafter withdrew her jury demand. [96 & 97]. By 6/9/20 Plaintiff shall file his waiver of jury demand. Mailed notice. (dm, ) |
| Filing 133 MINUTE entry before the Honorable Mary M. Rowland: In light of the Third Amended General Order 20-0012, the final pretrial conference set for 5/14/20 is stricken. It is reset to Tuesday 6/9/20 at 11:00 AM. Plaintiff has waived his appearance. That is a date we were scheduled to be on trial. In light of the coronavirus, the court reluctantly strikes the bench trial set to begin 6/8/20. Based on the Third Amended General Order and assuming the court resumes regular activities in early June, conducting a trial with a plaintiff who requires transport in custody and requires access to the Marshal's lock-up in early June is not feasible. At the pretrial conference, the court and parties will be in a position to set a new trial date. Mailed notice. (dm, ) |
| Filing 131 STATUS Report by DeAndre Crawford (Murphy, William) |
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Filing 132
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
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| Filing 130 MOTION by Plaintiff DeAndre Crawford for writ of habeas corpus ad testificandum (Murphy, William) |
| Filing 129 MINUTE entry before the Honorable Mary M. Rowland: The Court anticipates the bench trial set for 6/8/20 will proceed as scheduled. In light of the COVID-19 Public Health Emergency, the Court does not believe it is feasible for Mr. Crawford to be transported from Lawrence Correctional Center to attend the final pretrial conference set for 5/14/20. By 4/27/20, the parties shall file a status report to inform the court whether (1) Plaintiff will waive his physical appearance at the final pretrial conference and (2) whether Lawrence Correctional will permit Mr. Crawford to appear via video conference. Mailed notice. (dm, ) |
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Filing 128
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket5, )
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Filing 127
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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Filing 126
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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| Filing 125 MINUTE entry before the Honorable Mary M. Rowland: Defendant's Motion in Limine No. 1 to bar Mr. Crawford from testifying as an expert #107 is granted. Mr. Crawford has not opposed this motion. Defendant is requesting that Plaintiff not offer testimony based on scientific, technical or other specialized knowledge within the scope of Fed. R. Evid. 702 about the causal relationship between his missing his medication and the physical/emotional symptons he has testified that he experienced. He can testify about his symptoms, but he cannot opine about the medical causation for those symptoms. Mailed notice. (dm, ) |
| Filing 124 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Bench trial set for 6/8/20 at 10:00am. The parties estimated a 1-2 day trial. The parties shall notify witnesses and issue subpoenas, as well as a writ for Plaintiff, as needed to ensure trial availability. The parties are directed to review and comply with Judge Rowland's standing order for Proposed Pretrial Orders, which is available on Judge Rowland's webpage located on the Court's website at www.ilnd.uscourts.gov. But jury instructions, statement of the case, and proposed voir dire are not required. Final Pretrial Conference previously set for 2/18/20 is stricken and reset to 5/14/20 at 1:00 pm. Any previous writs issued are vacated. Plaintiff should remember to file a motion for writ ad testificandum a few months in advance of the 6/8/20 trial date and the pretrial conference, to assure Plaintiff's attendance.Plaintiff shall send proposed writ orders to the Court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov. by 4/3/20. If parties believe a settlement conference would be productive, they shall jointly email the courtroom deputy for this case to be referred to the magistrate judge for settlement purposes. Mailed notice. (dm, ) |
| Filing 123 MINUTE entry before the Honorable Mary M. Rowland: By agreement between the parties, status hearing set for 1/14/20 is stricken and reset to 1/29/20 at 9:15 am. to set a new trial date. Parties should be prepared to report at the status that all settlement options have been exhausted. Parties should also be prepared to report whether they retained experts. Mailed notice. (dm, ) |
| Filing 122 MINUTE entry before the Honorable Mary M. Rowland: Due to business travel, the court needs to strike the trial date set for 2/24/20. The court apologizes for this inconvenience. Status set for 1/14/20 at 9:15 A.M. to set a new trial date. The Court's next available trial date is 5/26, 6/1 or 6/8. Parties should be prepared to report at the status that all settlement options have been exhausted. Parties should also be prepared to report whether they retained experts. Mailed notice. (dm, ) |
| Filing 121 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for writ of habeas corpus ad testificandum #119 is granted. By 10/7/19, Plaintiff shall send proposed writ orders to the Court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov. No appearance required on 10/8/19. Mailed notice. (dm, ) |
| Filing 120 NOTICE of Motion by William P. Murphy for presentment of writ of habeas corpus ad testificandum #119 before Honorable Mary M. Rowland on 10/8/2019 at 09:45 AM. (Murphy, William) |
| Filing 119 MOTION by Plaintiff DeAndre Crawford for writ of habeas corpus ad testificandum (Murphy, William) |
| Filing 118 MINUTE entry before the Honorable Edmond E. Chang: The Writ 103 issued by Judge Chang on July 19, 2019 is vacated. Emailed notice (slb, ) |
| Filing 117 MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing held. Bench trial previously set for 9/23/19 is stricken and re-set to 2/24/20 at 9:30am. The parties estimated a 1-2 day trial. The parties shall notify witnesses and issue subpoenas, as well as a writ for Plaintiff, as needed to ensure trial availability. The parties are directed to review and comply with Judge Rowland's standing order for Proposed Pretrial Orders, which is available on Judge Rowland's webpage located on the Court's website at www.ilnd.uscourts.gov. But jury instructions, statement of the case, and proposed voir dire are not required. Pretrial conference set for 2/18/20 at 1:00 pm. Plaintiff should remember to file a motion for writ ad testificandum a few months in advance of the 2/24/20 trial date and the pretrial conference, to assure Plaintiff's attendance. Mailed notice. (dm, ) |
| Filing 116 STATUS Report (joint) by DeAndre Crawford (Murphy, William) |
| Filing 115 REPLY by Defendant Wendy Dybas in Support of Her Motion in Limine #2 -to Bar Reference or Argument Regarding Other Lawsuits, Complaints, Depositions, Grievances, and Disciplinary Actions Brought Against Defendant (Lombardo, Joseph) |
| Filing 114 MINUTE entry before the Honorable Mary M. Rowland: This case has been reassigned to the calendar of Judge Mary M. Rowland. Unless otherwise ordered by the court, all previously-set discovery, briefing schedules and deadlines remain intact. All previously-set status dates and motion hearing dates are stricken. Pursuant to Judge Rowland's standing order on reassigned cases and Judge Chang's order (Dkt. 111), previously-set pretrial conference and trial dates in September 2019 are stricken. A reassignment status conference is set for 9/17/19 at 11:00 a.m. before Judge Rowland in Courtroom 1225. The parties are directed not to notice or re-notice any motions, with the exception of emergency motions, prior to appearing at the reassignment status conference. For all emergency motions arising before the date of the reassignment status conference, the parties are directed to contact chambers at (312) 435-5358. To help the court learn about the case, it is hereby ordered that on or before 9/10/19, counsel shall confer, prepare, and file a joint status report, not to exceed five pages. Courtesy copies of the status report are not required. The report shall provide the information listed in the court's "Initial Status Report for Reassigned Case," a link to which is provided on Judge Rowland's web site. Mailed notice. (dm, ) |
| Filing 113 RESPONSE by DeAndre Crawford to MOTION by Defendant Wendy Dybasin limine Defendant's Motion in Limine #2 - To Bar Reference or Argument Regarding Other lawsuits, Complaints, Depositions, Grievances, and Disciplinary Actions Brought Against Defendant #108 (Murphy, William) |
| Filing 112 RESPONSE by Defendant Wendy Dybas to motion in limine #106 (Lombardo, Joseph) |
| Filing 111 MINUTE entry before the Honorable Edmond E. Chang:In view of the reassignment to Judge Rowland, the pretrial conference and trial date with Judge Chang are vacated. Emailed notice (slb, ) |
| Filing 110 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0024 Pursuant to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been randomly selected for reassignment to form the initial calendar of the Honorable Mary M. Rowland; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Mary M. Rowland; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Mary M. Rowland's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order shall not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's criminal case assignment system thirty days from the entry of this Order, so that she shall receive a full share of such cases. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Edmond E. Chang no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(tg, ) |
| Filing 109 ATTORNEY Appearance for Plaintiff DeAndre Crawford by Mina Stojicic Zardkoohi (Zardkoohi, Mina) |
| Filing 108 MOTION by Defendant Wendy Dybasin limine Defendant's Motion in Limine #2 - To Bar Reference or Argument Regarding Other lawsuits, Complaints, Depositions, Grievances, and Disciplinary Actions Brought Against Defendant (Lombardo, Joseph) |
| Filing 107 MOTION by Defendant Wendy Dybasin limine Defendant's Motion in Limine #1 - To Bar Plaintiff from testifying as an expert witness regarding Medical or Mental Health Conditions (Lombardo, Joseph) |
| Filing 106 MOTION by Plaintiff DeAndre Crawfordin limine (Murphy, William) |
| Filing 105 PROPOSED Pretrial Order (joint) (Attachments: #1 Exhibit Ex 1. - Uncontested facts and stipulation, #2 Exhibit Ex. 2. - Def.'s proposed stipulation (Dr. Kelly), #3 Exhibit Ex. 3 - Def.'s proposed stipulation (Dr. Martija), #4 Exhibit Ex. 4 - Plaintiff's trial exhibit chart and exhibits, #5 Exhibit Ex. 5 - Def.'s trial exhibit list and exhibits)(Murphy, William) |
| Filing 104 WRIT of habeas corpus ad testificandum issued as to Deandre Crawford for 9/23/19 and 9/24/19. (ek, ) |
| Filing 102 MINUTE entry before the Honorable Edmond E. Chang:It is ordered that the Warden of Lawrence Correctional Center and the United States Marshals Service shall produce Plaintiff Deandre Crawford (IDOC No. M-30080) before this Court on 09/23/2019 and 09/24/2019 at 9 a.m. for trial. Emailed notice (slb, ) |
| Filing 101 MINUTE entry before the Honorable Edmond E. Chang:It is ordered that the Warden of Lawrence Correctional Center and the United States Marshals Service shall produce Plaintiff Deandre Crawford (IDOC No. M-30080) before this Court on 09/12/2019 at 12 p.m. for pretrial conference. Emailed notice (slb, ) |
| Filing 100 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #98 for writ ad testificandum is granted, so the motion hearing of 07/17/2019 is vacated. But the Court will make a few edits to the writ, so it will be posted to the docket when it is ready. Mailed notice (ags, ) |
| Filing 99 NOTICE of Motion by William P. Murphy for presentment of writ of habeas corpus ad testificandum #98 before Honorable Edmond E. Chang on 7/17/2019 at 08:30 AM. (Murphy, William) |
| Filing 98 MOTION by Plaintiff DeAndre Crawford for writ of habeas corpus ad testificandum (Murphy, William) |
| Filing 97 STATUS Report regarding consent to bench trial by Wendy Dybas (Lombardo, Joseph) |
| Filing 96 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Bench trial set for 09/23/2019 at 9 a.m. The parties estimated a 1-2 day trial; the Court will set aside two days. The parties shall notify witnesses promptly and issue subpoenas, as well as a writ for Plaintiff, as needed to ensure trial availability. The proposed pretrial order (see Judge Chang's website for detailed requirements) due 08/19/2019. But jury instructions, statement of the case, and proposed voir dire are not required. The exhibit list is the key component for this bench trial. Please start working well in advance, because conferral is required. Motions in limine due 08/19/2019. Responses due 08/26/2019. Replies due 09/03/2019. Pretrial conference set for 09/12/2018 at 12 p.m. Plaintiff should remember to file a motion for writ ad testificandum a few months in advance of the 09/23/2019 trial date (and the pretrial conference, if he wants to attend for some reason). Emailed notice (slb, ) |
| Filing 95 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff made a settlement demand on 05/17/2019. The defense shall respond to the demand by 05/24/2019. The defense does not, however, want a settlement conference. Status hearing set for 06/12/2019 at 9:15 a.m. By 06/10/2019, the parties shall email the courtroom deputy stating whether the Court should be prepared to set a trial date on 06/12/2019. Emailed notice (slb, ) |
| Filing 94 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Neither side sent counsel that was completely knowledgeable about the status of settlement discussions. Status hearing set for 05/22/2019 at 9:30 a.m. Emailed notice (slb, ) |
| Filing 93 MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 03/29/2019. For the reasons stated in the Opinion, Defendants' summary judgment motion #78 is granted in part and denied in part. Summary judgment is granted as to Wexford but denied as to Dybas. The parties shall engage in settlement negotiations. The status hearing of 04/04/2019 is reset to 05/07/2019, at 10:30 a.m., for an update on settlement negotiations and to set the trial schedule if needed. The parties also may call the courtroom deputy in advance of the status hearing if they want a settlement referral to the magistrate judge.Emailed notice(eec) |
| Filing 92 MINUTE entry before the Honorable Edmond E. Chang: The Court has the summary judgment motion #78 under advisement, so the status hearing of 02/12/2019 is reset to 04/04/2019 at 9:00 AM.Emailed notice (slb, ) |
| Filing 91 MINUTE entry before the Honorable Edmond E. Chang: In light of the fully briefed summary judgment motion #78 , the status hearing of 11/30/2018 is reset to for 02/12/2019 at 9:30 AM.Emailed notice (slb, ) |
| Filing 90 RESPONSE by Defendants Wendy Dybas, Wexford Health Source Inc. to Rule 56 statement #87 (Lombardo, Joseph) |
| Filing 89 REPLY by Wendy Dybas, Wexford Health Source Inc. to response to motion #88 (Lombardo, Joseph) |
| Filing 88 RESPONSE by DeAndre Crawford to MOTION by Defendants Wendy Dybas, Wexford Health Source Inc. for summary judgment #78 (Murphy, William) |
| Filing 87 RULE 56 1(b)(3) Statement Response to Defendants' Statement of Undisputed Facts (Attachments: #1 Exhibit A, #2 Exhibit B)(Murphy, William) |
| Filing 86 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #84 to stay and suspend summary judgment briefing is denied. Back on 06/20/2018, R. 77, the Court set the response deadline at 09/24/2018. No response was filed, and the Court sua sponte extended the deadline to 10/09/2018. Plaintiff's extension motion asks for the case to be joined with the settlement conference of another of Plaintiff's cases, 14-cv-6211, but that referral was entered on 08/20/2018, the conference was set back on 09/12/2018, and the conference will not be held until 12/06/2018. Case No. 14-cv-6211, R. 189, 193. No reason is given as to why there were no settlement efforts in this case until so recently, and the prior attempts were completely unsuccessful. If Plaintiff wants to generate settlement momentum, then he will have to do it in this case by engaging the defense, but outside the context of a referral and the summary judgment will not pause until the end of the year under these circumstances. On the Court's own motion, Plaintiff's summary judgment response deadline is extended from 10/09/2018 to 10/31/2018; there will be no extensions absent a binding settlement that is being reduced to writing. Defendants' reply is due by 11/15/2018. The Court appreciates Plaintiff's recruited-counsel status, but this case has been prolonged as it is. Status hearing of 10/18/2018 is reset to 11/30/2018 at 9 a.m. Emailed notice (slb, ) |
| Filing 85 NOTICE of Motion by William P. Murphy for presentment of motion to stay #84 before Honorable Edmond E. Chang on 10/11/2018 at 08:30 AM. (Murphy, William) |
| Filing 84 MOTION by Plaintiff DeAndre Crawford to stay Proceedings and Refer to Magistrate Judge for Settlement Conference (Murphy, William) |
| Filing 83 MINUTE entry before the Honorable Edmond E. Chang: No response to the summary judgment motion was filed by the 09/24/2018 deadline, see R. 77. If no response is filed by 10/09/2018, then the Court will consider dismissing the case for lack of prosecution. (If a response is filed, then the reply is due by 10/23/2018.) The status hearing of 10/02/2018 is reset to 10/18/2018 at 8:30 a.m. Emailed notice (slb, ) |
| Filing 82 WITHDRAWING Miguel E. Larios as counsel for Defendants Wendy Dybas, Wexford Health Source Inc. and substituting Joseph Jack Lombardo as counsel of record (Lombardo, Joseph) |
| Filing 81 ATTORNEY Appearance for Defendants Wendy Dybas, Wexford Health Source Inc. by Joseph Jack Lombardo (Lombardo, Joseph) |
| Filing 80 RULE 56.1 Statement by Wendy Dybas, Wexford Health Source Inc. regarding motion for summary judgment #78 (Attachments: #1 Exhibit A - IDOC Internet Inmate Status, #2 Exhibit B - Plaintiff's First Amended Complaint, #3 Exhibit C - Deposition Transcript of Plaintiff, #4 Exhibit D - Declaration of Wendy Dybas, R.N., #5 Exhibit E - Plaintiffs Medical Records (MR 1-207), #6 Exhibit F - Declaration of Neil Fisher, M.D.)(Larios, Miguel) |
| Filing 79 MEMORANDUM by Wendy Dybas, Wexford Health Source Inc. in support of motion for summary judgment #78 (Larios, Miguel) |
| Filing 78 MOTION by Defendants Wendy Dybas, Wexford Health Source Inc. for summary judgment (Larios, Miguel) |
| Filing 77 MINUTE entry before the Honorable Edmond E. Chang: Defendants' filed another extension motion #75 , but it appears to be a copy of the prior motion, which already sought an extension to 06/15/2018. The title given to the motion on CM/ECF is for an extension until 07/16/2018. Assuming that is the actual date that is sought, the Court will grant the motion but no further extension will be allowed absent the most extraordinary circumstances. The summary judgment motion is due by 07/16/2018. Plaintiff's response is due by 09/24/2018. The defense reply is due by 10/09/2018. The status hearing of 08/14/2018 is reset to 10/02/2018 at 9:30 a.m. Mailed notice (mw, ) |
| Filing 76 (AGREED MOTION) NOTICE of Motion by Miguel E. Larios for presentment of motion for extension of time to file #75 before Honorable Edmond E. Chang on 6/21/2018 at 08:30 AM. (Larios, Miguel) |
| Filing 75 MOTION by Defendants RN Wendy, Wexford Health Source Inc. for extension of time to file motion for summary judgment, up to and including July 16, 2018 (AGREED) (Larios, Miguel) |
| Filing 74 MINUTE entry before the Honorable Edmond E. Chang: Defendants' unopposed extension motion #72 to file summary judgment motion is granted to 06/15/2018. Plaintiff's response is due by 08/06/2018. The defense reply is due by 09/04/2018. The status hearing of 07/18/2018 is reset to 08/14/2018 at 9:30 AM.Emailed notice (slb, ) |
| Filing 73 (UNOPPOSED) NOTICE of Motion by Miguel E. Larios for presentment of motion for extension of time to file #72 before Honorable Edmond E. Chang on 5/23/2018 at 08:30 AM. (Larios, Miguel) |
| Filing 72 MOTION by Defendants RN Wendy, Wexford Health Source Inc. for extension of time to file motion for summary judgment, up to and including June 15, 2018 (UNOPPOSED) (Larios, Miguel) |
| Filing 71 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Counsel for both sides reported that fact discovery is closed and that there will be no retained-expert discovery. Defendant Wexford motion for summary judgment due 05/17/2018. Plaintiff's response due 07/09/2018. Wexford's reply due 08/08/2018. Status hearing set for 07/18/2018 at 9:00 a.m. The AAG made a verbal request to dismiss Defendant Officer Baskerville as a named defendant. Plaintiff does not object. Unidentified Defendant Baskerville is dismissed without prejudice under Federal Rule of Civil Procedure 4(m). Unidentified Defendant Nurse Jane Doe 1 is dismissed for the same reason. Emailed notice (slb, ) |
| Filing 70 MINUTE entry before the Honorable Edmond E. Chang: Defendant Wexford's motion #54 to dismiss Count 5 is granted. The First Amended Complaint appears to have advanced the respondeat superior claim solely to preserve the issue, R. 49 at 8-10, given that current Circuit law precludes that theory of liability on a Section 1983 claim against a corporation. And no response was filed. See R. 57 (setting 11/29/2017 response deadline). The motion is granted and Count 5 is dismissed with prejudice. Emailed notice (slb, ) |
| Filing 69 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Due to Plaintiff's counsel's conflict, Plaintiff's deposition has been rescheduled to 03/09/2018. The fact discovery deadline is extended to 04/09/2018 for the purpose of deposing Plaintiff on 03/09/2018 and deposing Defendant Dybas. Any additional notice of depositions or non-party subpoenas must be served by 03/09/2018 in order to meet the 04/09/2018 deadline. If Plaintiff is going to propose an amended complaint, which is late in the offering, he must file the motion by 03/05/2018, explaining the grounds for doing so. A copy of the proposed amended complaint to be attached to the motion. Status hearing set for 04/17/2018 at 9:45 a.m.Emailed notice (slb, ) |
| Filing 68 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff shall provide the overdue responses to the defense written discovery requests by 02/16/2018. Plaintiff's deposition is scheduled for 02/16/2018, and shall proceed. Yesterday, Plaintiff made a settlement demand on Defendants, which the defense will evaluate fully after Plaintiff's deposition. Fact discovery closes on 03/05/2018, but the Court might allow a limited exception for Plaintiff to take a couple of depositions; none have been noticed-up yet, despite the requirement of the Deposition Status Report. Status hearing set for 02/28/2018 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 66 STATUS Report Joint Deposition Status Report by Wendy Dybas, Wexford Health Source Inc. (Larios, Miguel) |
| Filing 65 NOTICE by Matthew H Weller of Change of Address (Weller, Matthew) |
| Filing 64 MOTION by Plaintiff DeAndre Crawford for extension of time (Murphy, William) |
| Filing 63 NOTICE by Miguel E. Larios of Change of Address (Larios, Miguel) |
| Filing 62 REPLY by Defendant Wexford Health Source Inc. to Motion to Dismiss for Failure to State a Claim #54 as to Count V only (Larios, Miguel) |
| Filing 61 MINUTE entry before the Honorable Edmond E. Chang:Defendant's motion to withdraw the appearance of Todd R. Burgett #58 is granted.Emailed notice (slb, ) |
| Filing 60 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Rule 26(a)(1) disclosures were made for Defendants Wexford and Dybas. Discovery shall progress as previously ordered: issue the first round of discovery requests by 11/20/2017. ***The Court adds the following: the parties shall file a joint Deposition Status Report by 01/29/2017, listing all the deponents and their **confirmed** deposition dates. Anyone not on that list shall presumptively not be deposed unless there is good cause (e.g., genuine surprise). The fact discovery deadline, with treaters, remains 03/05/2018. Status hearing set for 02/13/2018 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 59 NOTICE of Motion by Miguel E. Larios for presentment of motion to withdraw #58 before Honorable Edmond E. Chang on 11/21/2017 at 08:30 AM. (Larios, Miguel) |
| Filing 58 MOTION by Defendant Wexford Health Source Inc. to withdraw and terminate Todd R. Burgett as attorney of record (Larios, Miguel) |
| Filing 57 MINUTE entry before the Honorable Edmond E. Chang: On Defendant Wexford's partial motion #54 to dismiss Count 5 (respondeat superior, Plaintiff's response is due by 11/29/2017. Defendant's reply due by 12/13/2017. Emailed notice (slb, ) |
| Filing 56 Wexford Defendants' ANSWER to amended complaint and Affirmative Defenses by RN Wendy, Wexford Health Source Inc.(Larios, Miguel) |
| Filing 55 NOTICE of Motion by Miguel E. Larios for presentment of Motion to Dismiss for Failure to State a Claim #54 before Honorable Edmond E. Chang on 11/9/2017 at 08:30 AM. (Larios, Miguel) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count V only (Larios, Miguel) |
| Filing 53 WAIVER OF SERVICE returned executed by the US Marshal's Office as to Wendy Dybas waiver sent on 8/24/2017, answer due 10/23/2017. (Attachments: #1 USM 285)(nsf, ) |
| Filing 52 ATTORNEY Appearance for Defendant Wendy Dybas by Miguel E. Larios (Larios, Miguel) |
| Filing 51 ATTORNEY Appearance for Defendant Wendy Dybas by Matthew H Weller (Weller, Matthew) |
| Filing 50 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Defendant's counsel stated that he was not in a position to accept service for Wendy Dybas (even though he almost surely will represent her), but he had not actually contacted her to find out. Plaintiff shall send a waiver of service, but defense counsel must actually contact Dybas to ask; the answer to that question was due on 08/14/2017, per R. #38 . Wexford's answer to the first amended complaint is due by 11/06/2017. Rule 26(a)(1) disclosures for Plaintiff and Wexford are due 11/13/2017. First round of written discovery requests shall issue by 11/20/2017. Fact discovery closes on 03/05/2018, which includes any treating physicians or health care providers. Status hearing is continued to 11/14/2017 at 9:30 a.m. Defendant's oral motion to take deposition of an incarcerated person, Plaintiff DeAndre Crawford, is granted. The custodian shall make him available for the deposition. Mailed notice (ags, ) |
| Filing 49 First AMENDED complaint by DeAndre Crawford against All Defendants (Murphy, William) |
| Filing 48 ATTORNEY Appearance for Defendant Wexford Health Source Inc. by Miguel E. Larios (Larios, Miguel) |
| Filing 47 ATTORNEY Appearance for Defendant Wexford Health Source Inc. by Miguel E. Larios (Larios, Miguel) |
| Filing 46 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Kathleen Schultz appeared by telephone on behalf of Plaintiff as stand-in counsel for William P. Murphy. AAG Edward Brener appeared. Counsel for Wexford did not appear for the second time. See R. 42. A status report from Wexford counsel was due by 08/30/2017 on whether counsel would accept service for Wendy Dybas; a prior deadline of 08/14/2017 also was not met, R. 38. The courtroom deputy will call counsel for Wexford to alert counsel of this docket entry. Plaintiff's counsel is reviewing the IDOC document production, which comprises around 500-600 pages of information for the 11 a.m. to 7 p.m. shift on the pertinent dates. At this time, a deadline must be set for an amended complaint, at least formally naming Wendy Dybas, and if possible naming the IDOC Defendant with the last name "Baskerville." The deadline is 10/11/2017. Status hearing set for 10/17/2017 at 10:00 a.m.Emailed notice (slb, ) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 9:30 a.m. on 09/05/2017 is reset to 9:45 a.m. on the same date. Emailed notice (slb, ) |
| Filing 44 MINUTE entry before the Honorable Edmond E. Chang: In light of the IDOC subpoena status report, IDOC counsel need not appear at the status hearing. But this is not a finding that the response to the subpoena is complete; Plaintiff's counsel will be given an opportunity to review the records and confer further (the Court also assumes that the references to 06/2016 in the status report is a typo, because the subpoena sought records from 06/2015 (the month/year alleged in the complaint)). Emailed notice (Chang, Edmond) |
| Filing 43 STATUS Report on Compliance with Plaintiff's Subpoena Duces Tecum by Illinois Department Of Corrections (Attachments: #1 Plaintiff's subpoena duces tecum)(Brener, Edward) |
| Filing 42 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel and AAG Edward Brenner appeared. Counsel for Wexford did not appear. By 08/30/2017, counsel for Wexford shall file a status report stating whether counsel will accept service on behalf of Defendant Wendy Dybas; the Marshals Service has started service efforts. By 08/30/2017, IDOC shall respond to Plaintiff's subpoena for personnel information to identify Officer "Baskerville." Status hearing set for 09/05/2017 at 9:30 a.m. IDOC attorney Robert Fanning must appear at the 09/05/2017 status hearing if IDOC does not comply with the subpoena by 08/30/2017. Emailed notice (slb, ) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to voluntarily dismiss #39 Defendant Wendy Olson-Foxon is granted. She is dismissed from the case. Emailed notice (slb, ) |
| SUMMONS Issued, copy of the complaint and certified copy of order dated 08/16/2017 to the U.S. Marshal's Office for service as to defendant RN Wendy Dybass via email. (nsf, ) |
| Filing 40 MINUTE entry before the Honorable Edmond E. Chang: The Clerk's Office shall issue summons as to Defendant Wendy Dybass and the Marshals Service shall use the USM-285 form to effectuate service on Defendant Dybass.Emailed notice (slb, ) |
| Filing 39 MOTION by Plaintiff DeAndre Crawford for Voluntary Dismissal (Murphy, William) Docket Text modified on 8/16/2017 by Clerk's office. |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel and Wexford counsel reported that they believe that Defendant "Nurse Wendy" is Wendy Dybas. As discussed during the hearing, by 08/14/2017, Plaintiff shall file a voluntary dismissal of Defendant Wendy Olson-Foxon or, on that date, file a status report explaining why she should not be dismissed. By 8/14/2107, Wexford defense counsel shall alert Plaintiff's attorney and the Court if counsel will be accepting service on behalf of Wendy Dybas. If the answer is no, then Plaintiff's attorney shall promptly complete the USM-285 Marshals Service form to initiate service on her. By 08/14/2017, IDOC shall respond to Plaintiff's subpoena for personnel information to identify Officer "Baskerville," served on 01/25/2017. Status hearing set for 08/23/2017 at 9:15 a.m.Emailed notice (slb, ) |
| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. With regard to Defendant "Baskerville," despite a prior subpoena to IDOC and other efforts, Plaintiff's counsel has not been able to further identify and serve Defendant Baskerville. The Rule 4(m) deadline to serve Defendant Baskerville is extended to 07/27/2017, which is the next status hearing. By then, efforts to identify Defendant Baskerville will have taken around 8 months. Plaintiff's counsel reported that Plaintiff alleges that IDOC took possession of his personal files, which Plaintiff thought might assist in identifying Defendant Baskerville. But no specific reason was proffered for why there would be anything more in those files that has not already been used to try to identify Baskerville. In any event, Plaintiff may seek relief by motion to prove-up that the files were taken (and not returned), and to explain why the files would justify a further extension of the service deadline. By 06/14/2017, AAG Edward Brener shall inform Plaintiff's counsel as to what IDOC reports happened to the files (if anything). With regard to the Nurse Defendants, defense counsel did obtain additional medical records that might assist in identifying at least Defendant Wendy LNU. The parties shall make every effort to pin down the identification before the next status hearing. Plaintiff is authorized to file an amended complaint naming the nurse(s), and then Wexford defense counsel will accept service. Status hearing set for 07/27/2017 at 9:00 a.m.Emailed notice (slb, ) |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held, scheduled for 8:45 a.m. Plaintiff's counsel did not appear, despite the fact that the status hearing date had been changed to today in order to allow him to appear, R. 34. Instead, at 9:30 a.m., another lawyer -- who is not a counsel of record -- appeared in the courtroom, but the status hearing had been completed already. Plaintiff's counsel, William Murphy, must appear at the next status hearing. Counsel for Defendant Wexford reported that the defense issued a subpoena for Plaintiff's medical records and expect to receive the medical records within 2 weeks. The AAG reported no further contact from Plaintiff's counsel about the identification of Defendant Baskerville. Status hearing set for 06/07/2017 at 9:00 a.m.Emailed notice (slb, ) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: On the request of attorney William Murphy, the status hearing of 05/15/2017 is reset to 06/01/2017 at 8:45 a.m., so that he may personally appear at the status hearing. Emailed notice (slb, ) |
| Filing 33 QUALIFIED Protective Order Signed by the Honorable Edmond E. Chang on 5/8/2017:Emailed notice(slb, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: Defendant Wexford Health Sources, Inc.'s agreed motion for entry of a Qualified Protective Order #31 is granted. Emailed notice (slb, ) |
| Filing 31 MOTION by Plaintiff DeAndre CrawfordAgreed HIPPAA Order (Attachments: #1 Text of Proposed Order)(Murphy, William) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 06/01/2017 is reset to 05/15/2017 at 9:30 a.m.. The Court notes that the parties did not file a motion for HIPAA order. See R. 29. Emailed notice (slb, ) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Defendant Olson-Foxon's attorney was in another courtroom and did not appear. Counsel for Plaintiff and the Wexford Defendants reported that they will be filing an agreed motion for a HIPAA order. The agreed motion to be filed by 04/13/2017. Because court-recruited counsel cannot litigate the case without obtaining information from Plaintiff, Plaintiff must be responsive to his court-recruited attorneys, or else he risks dismissal for lack of prosecution. Status hearing set for 06/01/2017 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel reported that he had a telephone conference with Plaintiff and has determined that current Defendant Wendy Olson-Foxon probably is not Defendant "Nurse Wendy." Indeed, Nurse Wendy might be a Wexford employee, rather than an IDOC employee. After receipt of a confirmatory letter from Plaintiff, Plaintiff likely will voluntarily dismiss Olson-Foxon; her answer deadline is suspended. On 01/25/2017, Plaintiff served a subpoena on the IDOC for medical records and for records that might identify Defendant Baskerville. Perhaps the medical records will help identify the Wexford Defendants. Status hearing set for 04/06/2017 at 9:45 a.m.Emailed notice (slb, ) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel appeared and reported that he has arranged a telephone call for 01/27/2017 with Plaintiff. Counsel for Wendy Olson-Foxon appeared, as did counsel for Wexford, who should file an appearance immediately. With regard to trying to identify the Defendants: counsel for Wendy Olson-Foxon does not believe that she is the "Nurse Wendy" Defendant; Plaintiff's counsel is awaiting an IDOC response as to Officer Baskerville; and there is no progress yet as to Nurse Jane Doe 1 (see the screening Order for details). Plaintiff should supply as much information as possible (e.g., approximate age, physical description) to attempt identification. Defendants' answers are suspended for now. Status hearing set for 03/01/2017 at 10:00 a.m.Emailed notice (slb, ) |
| Filing 25 ATTORNEY Appearance for Defendant Wexford Health Source Inc. by Todd Randall Burgett (Burgett, Todd) |
| Filing 24 ATTORNEY Appearance for Defendant Wexford Health Source Inc. by Matthew H Weller (Weller, Matthew) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 01/27/2017 is reset to 01/25/2017 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 22 ATTORNEY Appearance for Defendant RN Wendy by Edward Brener (Brener, Edward) |
| Filing 21 WAIVER OF SERVICE returned executed by U.S. Marshall Services. RN Wendy waiver sent on 12/21/2016, answer due 2/21/2017. (Attachments: #1 USM285 - Wendy) (kp, ) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. William Murphy appeared by telephone and reported on the status of the case. By 12/30/2016, Plaintiff's counsel shall subpoena the IDOC in order to identify Officer Baskerville. By 01/16/2017, Plaintiff's counsel shall call IDOC to prompt a response from them. When counsel for Wexford files an appearance (its answer is due by 01/16/2017), Plaintiff's counsel shall immediately confer with defense counsel to identify the Doe Defendants, including issuing a discovery request if necessary. Status hearing continued to 01/27/2017 at 8:30 a.m.Mailed notice (meg, ) |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: A status hearing hearing was scheduled for today, but no one appeared for either side. After the hearing, the courtroom deputy spoke directly with Plaintiff's recruited counsel to alert him to the missed hearings; counsel reported that he had not received noticed of the hearings (though the hearings were set via CM/ECF entries and one was reset at counsel's request, R. 14). Counsel shall appear at the next status hearing to report on efforts to identify the Defendant Baskerville (first name unknown), and the medical Doe Defendants. The status hearing is set for 12/20/2016 at 09:45 AM.Telephoned and Emailed notice (slb, ) |
| Filing 18 SUMMONS Returned Unexecuted by DeAndre Crawford as to Officer Baskerville. (mmy, ) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel did not appear. Based on the waiver of service, Defendant Wexford Health Source's answer is due on 01/16/2017. Status hearing set for 12/07/2016 at 9:30 a.m., because an update on identification of the Doe Defendants is needed, including the issuance of any subpoenas, which has already been authorized. Emailed and mailed notice (slb, ) |
| Filing 16 WAIVER OF SERVICE returned executed by DeAndre Crawford. Wexford Health Source Inc. waiver sent on 11/17/2016, answer due 1/16/2017. (mmy, ) |
| SUMMONS Issued, copy of the complaint and certified copy of order dated 11/09/2016 to the U.S. Marshal's Office for service as to Defendants Officer Baskerville, RN Wendy, Wexford Health Source Inc via email (mmy, ) |
| Filing 15 COMPLAINT filed by DeAndre Crawford; Jury Demand. (mmy, ) |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's counsel reported to the courtroom deputy that he has been unable to speak with Plaintiff, and asked for a continuance of the status hearing to after Thanksgiving, which will give counsel time to schedule a conference with Plaintiff by telephone. The status hearing of 11/10/2016 is reset to 12/01/2016 at 9:00 a.m. Plaintiff is also authorized to issue early discovery (including subpoenas) to fully identify the Defendants whose full name is not yet know. Issuing the subpoenas also will have the healthy effect of causing an AAG appearance to be filed. Emailed notice (slb, ) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the Order of 05/23/2016, R. 5, the only remaining Defendants at this time are Nurse Wendy (likely Wendy Olsen-Foxon), Officer Baskerville, Wexford Health Sources, and Nurse Jane Doe. Accordingly, the Clerk's Office shall issue summonses as to those Defendants, and the Marshals Service shall use the USM-285 forms to attempt to effectuate service on those Defendants. The status hearing of 11/10/2016 remains in place to check on the status of recruited counsel's discussions with Plaintiff, as well as to discuss the issuance of early discovery to attempt identifying the Doe Defendant. Emailed notice (slb, ) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's counsel reported that the only communication with Plaintiff has been by mail so far; counsel made two unsuccessful attempts to arrange for a telephone call with Plaintiff. The Court directs counsel to start the service process on Defendant by promptly filling out and returning the USM-285 forms to the Marshals Service. Status hearing set for 11/10/2016 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Court-recruited counsel appeared and reported that he has not yet met with the Plaintiff. Counsel shall promptly fill out the USM-285 forms for IDOC Officer Baskerville and Nurse Wendy Olsen-Foxon (that is the most likely last name) so that service of process may begin. Status hearing set for 10/05/2016 at 9:30 a.m. Counsel shall confer with Plaintiff in person or by telephone before the next status hearing.Emailed notice (slb, ) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Status hearing convened. Court-recruited counsel for Plaintiff Crawford did not appear. Status hearing reset to 08/24/2016 at 9:15 a.m. Court-recruited attorney, William P. Murphy, is directed to appear. Emailed notice (slb, ) |
| Filing 9 NOTICE of Correction. (eaa, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang:The Court recruits Attorney William P. Murphy, of William P. Murphy & Associates, 53 W. Jackson Blvd., Ste. 1615, Chicago, IL 60604, email: Email: defendermurphy@gmail.com, to assist Crawford in accordance with counsels trial bar obligation under N.D. Ill. Local Rule 83.11. Status hearing set for 08/09/2015 at 9:30 a.m. The Court reminds Plaintiff's counsel that prisoner- litigation resources (along with contact information for the prisoner-litigation Project Coordinator attorney, Mr. James P. Chapman) is available on the District's website at http://www.ilnd.uscourts.gov/LEGAL/Pr_litigation/pri00000.htm. Emailed and mailed notice (slb, ) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. As explained in the prior Order, the Court have Mr. Friebus a chance to decline the appointment, because he already represents Plaintiff in two other cases. Leave of Court is given to Mr. Friebus to withdraw his appearance. The Court will recruit new counsel to assist Plaintiff. The United States Marshals Service is appointed to serve the Defendants (counsel should fill out USM-285 forms for service of process). Plaintiff is authorized to take early discovery to determine the identity of the Doe Defendants. Status hearing set for 08/09/2016 at 9:30 a.m. Emailed and mailed notice (slb, ) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Defendant "RN Tina" is terminated from the case as part of the misjoined Defendants (she was allegedly one of the set of nurses in the health unit on 01/21/2016). See R. 5 at 2.Emailed notice (slb, ) |
| MAILED Copy of the order dated 5/23/2016 to Trust Fund Officer at Stateville Correctional Center (mmy, ) |
|
Filing 5
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Plaintiff's motion for leave to proceed in forma pauperis #3 is granted. Crawford is warned that 20% *per case* will be deducted from his inmate trust account, so another 20% of his monthly deposits will be taken for this case. The Court orders the trust fund officer at Plaintiffs place of incarceration to deduct $10.55 from Plaintiff's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. The Clerk is directed to send a copy of this order to the trust fund officer at Stateville Correctional Center. As explained in the Order, the Clerk shall terminate, as misjoined, the January 2016 Defendants, namely Defendants Nurse Lidda, Officer Baroda, Sergeant Panazzo, Lieutenant Bennett, Officer McNight, Nurse Paige, Nurse Christal, Nurse Amanda, Nurse Don Mills, and the Jane Does. For claritys sake, the Clerk shall terminate the Jane Does and substitute Nurse Jane Doe 1" as a defendant. So the remaining Defendants will be Nurse Wendy, Officer Baskerville, Wexford Health Sources, and Nurse Jane Doe 1. By June 15, 2016, Crawford must file a short statement stating whether he wants to proceed with the dismissed Defendants in a separate case; if so, the Clerk will place the complaint in another docket and the Court will screen the complaint. On the first set of allegations (June-July 2015), the allegations survive screening review. As explained in the Order, the Clerk shall terminate, as misjoined, Defendants summons shall not issue at this time. Plaintiffs motion for attorney representation #4 is granted. The Court recruits David Michael Friebus of Baker & Hostetler LLP, 191 North Wacker Drive, Suite 3100, Chicago, IL 60601 to represent Plaintiff, but the Order explains that Mr. Friebus is absolutely free to decline. A status hearing is set for 06/01/2016 at 10 a.m.Mailed notice(slb, )
|
| Filing 4 MOTION by Plaintiff DeAndre Crawford for Attorney Representation. (eaa, ) |
| Filing 3 APPLICATION by Plaintiff DeAndre Crawford for Leave to Proceed in Forma Pauperis. (Exhibit). (eaa, ) |
| Filing 2 CIVIL Cover Sheet. (eaa, ) |
| Filing 1 RECEIVED Complaint and no copies by DeAndre Crawford. (Attachments: #1 Envelope).(eaa, ) (Attachment 1 replaced on 6/13/2016) (eaa, ). |
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