Berry v. Hoeft et al
| Michael Berry |
| Wexford Health Sources Inc, Hoeft, Wahlberg, Doctor A, Bond and Hurtado |
| 1:2020cv01340 |
| February 24, 2020 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| M David Weisman |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 92 MINUTE entry before the Honorable M. David Weisman: Magistrate Judge status hearing held. Discussion held regarding discovery schedule. Parties' proposed schedule is adopted: Motions to amend pleadings by November 15, 2023; fact discovery and Rule 26(a)(2)(C) disclosures by January 26, 2024. The Court will address expert discovery dates at a later date. Plaintiff's request to supplement written discovery is granted. Status hearing set for 11/21/23 at 9:15 a.m. Joint status report due on 11/17/23 addressing status of discovery and any other issues the parties wish to raise. Mailed notice. (kl, ) |
| Filing 91 MOTION by Plaintiff Michael Berry for discovery proposed schedule Presented before Magistrate Judge (Preyar, April) |
| Filing 90 MINUTE entry before the Honorable M. David Weisman: Parties must dial in using the Court's conference call-in number for the hearing set for 9/20/23. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 89 MINUTE entry before the Honorable M. David Weisman: Status hearing set for 9/7/23 is stricken and reset to 9/20/23 at 9:15 a.m. Parties are directed to file an agreed proposed discovery schedule by 9/15/23. Mailed notice (ao, ) |
| Filing 88 STATUS Report (Defendants) by Bond, Hoeft, Hurtado, Wahlberg Presented before Magistrate Judge (Robbin, Daniel) |
| Filing 87 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Plaintiff's counsel reported that she recently spoke with Plaintiff. Plaintiff is now located at Pinckneyville Correctional Center and apparently needs medical treatment that is unavailable within the facility; the facility is apparently consulting with an outside dermatologist. Plaintiff's current medical issues may be related to the underlying allegations in this case. Plaintiff wants to gain clarity on his medical issues before engaging in a settlement conference. Plaintiff's counsel is also awaiting additional records from prior counsel in this matter. Thus, in order to better position the case for a potential settlement conference, the Court continued the status hearing for 30 days. Telephonic status hearing scheduled for 9/7/23 at 1:00 p.m. Joint status report to be filed by 9/5/23, addressing: whether Plaintiff has received appropriate medical care; whether the parties are prepared to participate in a settlement conference; whether Plaintiff intends to amend the Complaint; details regarding Plaintiff's second lawsuit (which was apparently filed "down state"); any discovery-related issues; and any other issues the parties wish to raise with the Court. Parties may dial in using the Court's conference call-in number. The conference call- in number is 1-877-411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 86 MINUTE entry before the Honorable M. David Weisman: Plaintiff's counsel advised the Court via email that her legal call with plaintiff was postponed and is rescheduled for 7/28/23 and request that the status hearing set for 7/26/23 be continued until after she speaks to her client. By agreement of the parties', the status hearing set for 7/26/23 is stricken and reset to 8/7/23 at 9:15 a.m. Mailed notice (ao, ) |
| Filing 85 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Recruited counsel for plaintiff has been unable to meet with plaintiff due to logistical difficulties with plaintiff's facility. Plaintiff's counsel intends to speak with plaintiff by phone on 7/13/23. Status hearing scheduled for 7/26/23 at 10:00 a.m. No status report required, but the parties should be prepared to address whether there is mutual interest in a settlement conference and other discovery scheduling matters. Mailed notice (ao, ) |
| Filing 84 NOTICE by April Dominique Preyar of Change of Address (Preyar, April) |
| Filing 83 ATTORNEY Appearance for Plaintiff Michael Berry by April Preyar (Preyar, April) Modified on 5/23/2023 (ao, ). ). |
| Filing 82 MINUTE entry before the Honorable M. David Weisman: Magistrate Status/Rule to Show Cause hearing held. Recruited counsel for plaintiff, April Preyar, appeared for the first time. Counsel reported that due to an unknown deactivation of her PACER account, she did not receive the notices from the Court as to her appointment to the case. Counsel now accepts the appointment and will file her appearance promptly upon reactivation of her PACER account. Given that counsel will need time to get up to speed on the case, status hearing is continued until 7/6/23 at 1:00 p.m. Rule to Show Cause is dismissed in light of counsel's appearance and representations to the Court as to the benign reasons for her prior nonappearances. The Court thanks counsel for her appearance and service to the Court. Mailed notice (ao, ) |
| Filing 80 MINUTE entry before the Honorable M. David Weisman: On the Court's own motion, a status hearing is set for today 5/18/23 at 1:00 p.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 81 MINUTE entry before the Honorable M. David Weisman: Magistrate Status/Rule to Show Cause hearing held. Recruited counsel for plaintiff failed to appear. The Court initially indicated that it will recruit new counsel for plaintiff and issue a separate order as to the non-complying recruited counsel. Following the court hearing, the Court was contacted electronically by recruited counsel who explained the reasons for her non- appearance to date. Thus, recruitment of new counsel is not necessary. Mailed notice (ao, ) |
| MAILED minute orders #75 , #76 , #77 , #78 and #79 to plaintiff's counsel. (ao, ) |
| Filing 79 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Recruited counsel for plaintiff did not appear, nor has she filed an appearance yet. Status/Rule to Show Cause hearing set for 5/17/23 at 9:15 a.m. Plaintiff's counsel is ordered to appear via telephone and explain why she has failed to file an appearance as directed by this Court's Minute Order dated 3/16/23 #75 (a copy of which was sent to counsel on or around 3/16/23, and a copy of which was subsequently mailed to counsel on 4/17/23 (see ECF #78 )). Plaintiff's counsel is also ordered to explain why she failed to appear at today's status hearing in light of the Court's prior orders. Plaintiff's counsel is warned that continued failure to comply with court orders can result in sanctions. Rule 16(f) of the Federal Rules of Civil Procedure allows the Court to impose sanctions upon an attorney who fails to appear for a pre-trial or other conference or fails to obey a scheduling or other pretrial order. The rule is an expression of the court's inherent authority. G. Heileman Brewing Co. Inc. v. Joseph Oat Corp., 871 F.2d 648, 65153 (7th Cir. 1989). The Seventh Circuit has instructed that district courts should (but not must) warn litigants of possible sanctions if the party's misconduct continues. See Brown v. Columbia Sussex Corp., 664 F.3d 182, 192 (7th Cir. 2011). This minute order serves as such a warning to plaintiff's counsel. The status/rule to show cause hearing will be conducted via telephone. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The Clerk's office is directed to mail the minute orders #75 , #76 , #77 , #78 and this order to plaintiff's counsel. Mailed notice (ao, ) |
| Filing 78 MINUTE entry before the Honorable M. David Weisman: Recruited counsel has not filed an appearance yet as ordered by the Court #75 , #76 and #77 . Status hearing set for 4/19/23 is stricken and reset to 5/3/23 at 9:15 a.m. to allow more additional time for recruited counsel to file an appearance. The Clerk's office is directed to mail the minute orders #75 , #76 , #77 and this order to plaintiff's counsel. Mailed notice (ao, ) |
| MAILED minute orders #75 , #76 , #77 and #78 to plaintiff's counsel. (ao, ) |
| Filing 77 MINUTE entry before the Honorable M. David Weisman: On the Court's own motion, the status hearing set for 4/11/23 is stricken and reset to 4/19/23 at 9:15 a.m. to allow additional time for recruited counsel to file an appearance. Mailed notice (ao, ) |
| Filing 76 MINUTE entry before the Honorable M. David Weisman: Minute entry #75 is amended to including the following: Remaining discovery is stayed until recruited counsel files an appearance and appears before this court. Mailed notice (ao, ) |
| Filing 75 MINUTE entry before the Honorable M. David Weisman: Pursuant to the order of 3/13/23, docket entry #72 , the Court requests that April Dominique Preyar of the law firm Preyar Legal Solutions, 601 S. California Avenue, Chicago, IL 60612, (312) 226-4590, Email: april@shillerpreyar.com, represent Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.11(h) and 83.37, for this case.1 The Clerk is directed to send a copy of this order (electronically where possible) to (1) the PACER Service Center at pacer@psc.uscourts.gov; (2) the Systems Department of the Northern District of Illinois; (3) Plaintiff at the institution having custody of him; and (4) recruited counsel. Counsel is encouraged to review the Court's Pro Bono web page at http://www.ilnd.uscourts.gov /Pages.aspx?page=ProBono (case sensitive) for resources related to pro bono representation. Counsel is requested to file an appearance as soon as possible. Plaintiff's counsel shall contact Plaintiff and Defendants counsel to discuss the case. Status hearing set for 4/11/23 at 9:15 a.m. remains. Mailed notice (ao, ) |
| Filing 74 CERTIFICATE of Service by Daniel Noah Robbin on behalf of Bond, Hoeft, Hurtado, Wahlberg regarding status report #73 (Robbin, Daniel) |
| MAILED copy of #75 to Plaintiff at the institution having custody of him (Pinckneyville Correctional Center); and EMAILED copy of #75 to the PACER Service Center, the Systems Department of the Northern District of Illinois, and recruited counsel. (ak, ) |
| Filing 73 STATUS Report (Defendants') by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 72 MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to withdraw as attorney of record #70 is granted. Attorney Richard Lukacek is withdrawn as counsel for plaintiff. Motion hearing set for 3/21/23 is stricken. The Court will recruit counsel for plaintiff in this matter again and strikes the status hearing set for 3/21/23 to allow time the Court to recruit counsel. Status hearing set for 4/11/23 at 9:15 a.m. Mailed notice (ao, ) |
| Filing 71 MINUTE entry before the Honorable Martha M. Pacold: The referral to Magistrate Judge Weisman #29 is expanded to include: Richard A. Lukacek's motion to withdraw as attorney of record #70 . (rao, ) |
| Filing 70 MOTION to withdraw from assignment pursuant to Local Rule 83.38 for Michael Berry. (Attachments: #1 NOTICE OF MOTION)(Lukacek, Richard) |
| Filing 69 MINUTE entry before the Honorable M. David Weisman: Given the parties' most recent status report, and the confirmed date for Ms. Williams' deposition, the status hearing set for 2/14/23 is stricken. Status hearing set for 3/21/23 at 9:15 a.m. Joint status report to be filed by 3/15/23 addressing: whether discovery is complete (both occurrence and expert); whether the parties are ready to proceed with dispositive motion practice; whether the parties are interested in a settlement conference prior to dispositive motion practice; and any other issues counsel wish to raise with the Court. Mailed notice (ao, ) |
| Filing 68 STATUS Report (Joint) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 67 MINUTE entry before the Honorable M. David Weisman: Given the parties' status report, the Court strikes the 1/25/23 status hearing, directs the parties to file a joint status report by 2/1/23 setting forth the agreed-upon date for Ms. Williams' deposition, and sets a status hearing for 2/14/23 at 9:15 a.m. Mailed notice (ao, ) |
| Filing 66 STATUS Report (Joint) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 65 MINUTE entry before the Honorable M. David Weisman: In light of the status report filed #64 , the status hearing set for 1/6/22 is stricken and reset to 1/25/23 at 9:15 a.m. Further, the Court ordered that the parties include a firm schedule for any remaining depositions. The instant status report fails to achieve that. Therefore, the Court further orders that a Joint Status Report be filed by 1/20/23, which includes "firm" dates of all remaining depositions. Finally, the Court applauds counsel for their renewed efforts at resolution. If counsel wishes to schedule a formal settlement conference (again) with this Court, the Court will gladly engage in such a process. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 64 STATUS Report (Joint) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 63 MINUTE entry before the Honorable M. David Weisman: The status hearing set for 1/6/23 at 9:15 a.m. will be conducted by telephone. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 62 MINUTE entry before the Honorable M. David Weisman: In light of the defendants' production of medical records to plaintiff as ordered by the Court, and the parties' identification of necessary depositions, status hearing set for 11/3/22 is stricken. Status hearing set for 1/6/23 at 9:15 a.m. Parties are to file a joint status report by 1/3/23 indicating the following: depositions that have been completed; a firm schedule for any remaining depositions; any issues related to discovery that require the Court's involvement; and, any other issues that counsel believe would be useful for the Court's consideration. Mailed notice (ao, ) |
| Filing 61 CERTIFICATE of Service of Discovery Document (First Supplemental Disclosures under Rule 26(a)(1)) by Daniel Noah Robbin on behalf of Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 60 STATUS Report (JOINT) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 59 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Parties report on the status of the case. Defense counsel advised the court that he realized he does not have all of plaintiff's medical records, therefore he put in a request to IDOC, who subsequently directed counsel to Wexford Health Services for these records. Counsel has not received them to date. In any event, these records are in the control of IDOC and should have been gathered and produced in the discovery process. Considering the circumstances that defendant has experienced with his client, the court will allow additional time. Status hearing set for 11/3/22 at 1:00 p.m. A joint status report shall be filed by 11/1/22 advising the court as to whether or not the medical records have been obtained and a list of depositions the parties would like to take. Fact discovery (exclusive of treaters) ordered to be completed by 2/10/23. Parties can issue written discovery if they have not already. Parties shall dial in using the Court's conference call-in number. The conference call- in number is 1-877- 411-9748, and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 58 STATUS Report (JOINT) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 57 MINUTE entry before the Honorable M. David Weisman: In light of the parties' joint status report #56 , specifically that there is not a mutual interest in holding a settlement conference, the Court has reviewed the docket to assess the posture of discovery. From the Court's review, it appears that fact discovery should be completed. See ECF #34 , #43 , #44 . Status hearing set for 9/16/22 is stricken. Status hearing set for 10/6/22 at 1:00 p.m. The parties are to file a Joint Status Report by COB 10/4/22. The status report should include the following: 1) any concerns as to whether fact discovery is complete or not; 2) the parties' respective views as to the need for expert discovery; 3) and, if appropriate, a proposed dispositive motion schedule. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 56 STATUS Report (JOINT) by Bond, Hoeft, Hurtado, Wahlberg (Robbin, Daniel) |
| Filing 55 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held and continued to 9/16/22 at 10:00 a.m. A joint status report shall be filed by 9/9/22 advising whether the parties mutually want to have a settlement conference to globally settle all of plaintiff's claims (whether or not they are included in this lawsuit), or to settle only the claims that are brought forth in the complaint, or proceed with discovery. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 54 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Plaintiff's counsel report on the status of his progress with the case. Status hearing set for 8/30/22 at 9:15 a.m. to allow additional time for plaintiff's counsel to receive additional documents and to confer with his client. Parties shall dial in using the Court's conference call in number. The conference call- in number is 1-877- 411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 53 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held and continued to 7/13/22 at 9:15 a.m. to allow newly appointed counsel time to get familiar with the case, meet and confer, and consult with their client. Parties shall dial in using the Court's conference call in number. The conference call- in number is 1-877- 411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 52 ATTORNEY Appearance for Plaintiff Michael Berry by Richard A. Lukacek (Lukacek, Richard) |
| Filing 51 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Plaintiff's counsel advised the Court of the issues he has had with the Court's system when trying to file his attorney appearance form and both counsel reported on the status of the case. Plaintiff's counsel shall file his attorney appearance form by 6/1/22. Status hearing set for 6/15/22 at 9:15 a.m. to allow both counsel additional time to get familiar with the case with the anticipated goal of setting a settlement conference as appropriate. Parties shall dial in using the Court's conference call in number. The conference call- in number is 1-877- 411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
| Filing 50 MINUTE entry before the Honorable Martha M. Pacold: Motion to substitute counsel within same firm #49 is granted. Attorney Jason Joseph Weigand terminated. (rao, ) |
| Filing 49 MOTION by Defendants Bond, Hoeft, Hurtado, Wahlberg to substitute attorney Jason J. Weigand for AAG Daniel N. Robbin (Robbin, Daniel) Linked document has the incorrect case number. Modified on 5/2/2022 (cxr, ). |
| Filing 48 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. The court advised the parties that earlier this morning an order was issued appointing counsel for plaintiff in the case. Status hearing set for 5/18/22 at 9:15 a.m. to give appointed counsel time to get familiar with the case and speak to his client and defendant. Defense counsel shall dial in using the Court's conference call-in number. The conference call- in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for plaintiff to be available by phone and MUST e-mail the contact information to Chambers at least three days prior to the hearing at Weisman_Chambers@ilnd.uscourts.gov. Mailed notice (ao, ) |
Filing 47
ORDER: The district court concurs that counsel should be recruited on Plaintiff's behalf. Particularly given the alleged ongoing medical issues, and that Plaintiff is no longer incarcerated at the place in which the relevant events occurred, see Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc), the Court on its own motion requests that Richard A. Lukacek, Richard A. Lukacek, Attorney at Law, P.O. Box 170251, Chicago, IL 60617, richluk@flash.net, represent Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rules 83.11(h) and 83.37, for this case.1 The Clerk is directed to send a copy of this order (electronically where possible) to (1) the PACER Service Center at pacer@psc.uscourts.gov; (2) the Systems Department of the Northern District of Illinois; (3) Plaintiff at the institution having custody of him; and (4) recruited counsel. Counsel is encouraged to review the Court's Pro Bono web page at http://www.ilnd.uscourts.gov /Pages.aspx?page=ProBono (case sensitive) for resources related to pro bono representation. Counsel is requested to file an appearance as soon as possible. Signed by the Honorable M. David Weisman on 3/29/2022. Mailed notice (ao, )
|
| MAILED and/or EMAILED a copy of order #47 to plaintiff at the institution having custody of him; to recruited counsel; to PACER Service Center at pacer@psc.uscourts.gov; and to Systems Department of the Northern District of Illinois. (ao, ) |
| Filing 46 MINUTE entry before the Honorable M. David Weisman: Settlement conference held. All parties appeared via videoconference. Plaintiff, who is proceeding pro se, explained his claim as relating to failure to receive medical care for an ongoing medical issue. In light of Seventh Circuit precedent, which suggests that a pro se imprisoned plaintiff who claims he is not receiving necessary medical care on an ongoing basis should have recruited counsel working on his behalf, the Court will consult with the district court as to the need for recruiting counsel for plaintiff. Status hearing set for 3/29/22 at 9:15 a.m. Defense counsel shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for plaintiff to be available by phone and MUST e-mail the contact information to Chambers at least three days prior to the hearing at Weisman_Chambers@ilnd.uscourts.gov. Mailed notice (ao, ) |
| VIDEO writ issued to Warden of Pickneyville Correctional Center as to Michael Berry returnable on 02/22/2022 at 2:00 p.m. for a settlement conference before Magistrate Judge Weisman. (pk, ) |
| Filing 45 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically. Video settlement conference is set for 02/22/2022 at 2:00 p.m. and must be completed by 4:00 p.m. per IDOC policy. Plaintiff reported that he has already provided counsel for defendants with his demand. Defendants' response must be sent via mail to plaintiff by 02/8/2022. Counsel for defendants is instructed to send plaintiff's demand (and any associated documents) and defendants' response by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters are not to be filed on the CM-ECF system. Counsel for defendants shall also send an email to Weisman_Chambers@ilnd.uscourts.gov, by 2/15/2022 identifying the email addresses of the individuals who intend to participate in the settlement conference. Mailed notice (mjc, ) |
| MAILED order #44 to Plaintiff. (cn). |
| Filing 44 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically. Parties reported that discovery is not yet complete. Plaintiff reported that he has not received any discovery responses nor his own medical records. Defense counsel is waiting on one outstanding verification of interrogatory responses from defendant Bond, which he hopes to receive this week. Defense counsel reported that he obtained the plaintiff's medical records, and the plaintiff should receive them this week. To the extent plaintiff seeks appointment of counsel, he can file a motion for the Court's consideration. Status hearing set for 1/07/2022 at 9:15 a.m. to discuss parties' interest in a settlement conference after plaintiff has had time to review discovery responses. Defense counsel shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for plaintiff to be available by phone and MUST e-mail the contact information to Chambers at least three days prior to the hearing at Weisman_Chambers@ilnd.uscourts.gov. Mailed notice (cn). |
| Filing 43 MINUTE entry before the Honorable M. David Weisman: Given the representation in the parties' joint status report that any remaining discovery with respect to the existing defendants will be completed by 11/12/21, the status hearing set for 11/9/21 is reset to 11/16/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (yt) |
| Filing 42 STATUS Report Joint by Bond, Hoeft, Hurtado, Wahlberg (Weigand, Jason) |
| Filing 41 MINUTE entry before the Honorable M. David Weisman: The parties did not file a joint status report by 10/22/21 as the Court ordered. (See ECF 34.) Accordingly, the Court strikes the 10/29/21 status hearing, orders the parties to file a joint status report by close of business on 11/1/21, and sets a status hearing for 11/9/21 at 9:15 a.m. Defense counsel shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for Plaintiff to be available by phone and MUST provide the contact information at least three days prior to the hearing to Courtroom Deputy, Peggy Klutcharch at Peggy_Klutcharch@ilnd.uscourts.gov. Mailed notice. (pk, ) |
| Filing 40 HIPAA QUALIFIED PROTECTIVE Order: Signed by the Honorable M. David Weisman on 9/21/2021. Mailed notice (ao, ) |
| Filing 39 MINUTE entry before the Honorable M. David Weisman: Defendant's agreed motion for entry of a HIPAA qualified protective order #38 is granted. Defense counsel shall submit a clean copy with the signature line for Judge Weisman to the Court's proposed order email at Proposed_Order_Weisman@ilnd.uscourts.gov for entry. Mailed notice (ao, ) |
| Filing 38 MOTION by Defendants Bond, Hoeft, Hurtado, Wahlberg for protective order Agreed (Attachments: #1 Exhibit A)(Weigand, Jason) |
| Filing 37 SECOND REQUEST by Plaintiff Michael Berry for interrogatories from defendant *Bond* and *Wahlberg*. (aee, ) (Docket Text Modified by Chambers Staff.) |
| Filing 36 FIRST REQUEST by Plaintiff Michael Berry for interrogatories for defendant Hoeft. (aee, ) (Docket Text Modified by Chambers Staff.) |
| Filing 35 FIRST REQUEST by Plaintiff Michael Berry for the production of documents. (aee, )(Docket Text Modified by Chambers Staff.) |
| Filing 34 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Plaintiff advised the Court that he wants to amend his complaint and was advised to address this issue with the district court. The Court reviewed the discovery process with plaintiff. Plaintiff stated he cannot get his medical records from his prior institution and the Court advised plaintiff to ask defendants for documents that they have access to from State of Illinois and IDOC, and generally discussed the grievance process. Discovery schedule established. Defendant to produce written discovery to plaintiff by 08/06/21; plaintiff can use these documents as examples to form interrogatory questions and requests to produce for defendants. Plaintiff to answer Defendant's interrogatory questions and issue written discovery by 09/17/21. A joint status report is due 10/22/21. Status hearing set for 10/29/21 at 9:15 a.m. Defense counsel shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for Plaintiff to be available by phone and MUST provide the contact information at least three days prior to the hearing to the Courtroom Deputy, Alyssia Owens, at Alyssia_Owens@ilnd.uscourts.gov. Mailed notice (ao,) |
| Filing 33 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties failed to appear. A telephonic status hearing is set for 7/20/21 at 9:15 a.m. Defense counsel shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Defense counsel shall make arrangements for Plaintiff to be available by phone and MUST provide the contact information at least three days prior to the hearing to the Courtroom Deputy, Alyssia Owens, at Alyssia_Owens@ilnd.uscourts.gov. Mailed notice (ao, ) |
| Filing 32 MINUTE entry before the Honorable M. David Weisman: Defense counsel shall make arrangements for Plaintiff to be available by phone at the status hearing set for 7/12/21 and MUST provide the contact information at least three days prior to the hearing to the Courtroom Deputy, Alyssia Owens, at Alyssia_Owens@ilnd.uscourts.gov. Mailed notice (ao, ) |
| Filing 31 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. Status hearing scheduled for 7/12/21 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, ) |
| Filing 30 RESPONSE by Plaintiff Michael Berry to defendants answers and affirmative defenses. (aee, ) |
| Filing 29 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.(rao, ) |
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Filing 28
ORDER: The court has received plaintiff's renewed motion for attorney representation. #27 . Plaintiff's motion is denied without prejudice. This case is still in its early stages, and plaintiff appears capable of competently representing himself at this time. See Pruitt v. Mote, 503 F.3d 647, 654-57 (7th Cir. 2007) (en banc); Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010) (addressing a district court's consideration of a litigant's request for counsel during the early stages of a case). To date, plaintiff's pleadings and submissions to the court have been cogent, and he has followed court orders and successfully amended his complaint to state a claim. Further, plaintiff's claims are neither factually nor legally complex. This case will be referred to the magistrate judge for discovery supervision, including the issues regarding discovery that plaintiff raises in his motion #27 , and for settlement. Again, if this case reaches a point where attorney representation is warranted, plaintiff may repeat his request for counsel, and the court will again consider whether to recruit one. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice (aee, )
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| Filing 27 RENEWED MOTION by Plaintiff Michael Berry for attorney representation. (aee, ) |
| Filing 26 ANSWER to amended complaint by Bond, Hoeft, Hurtado, Wahlberg(Weigand, Jason) |
| Filing 25 MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for extension of time to file responsive pleading #24 is granted. Defendants Hoeft, Bond, Hurtado and Wahlberg are given until 5/12/2021 to answer or otherwise plead to the amended complaint. The parties are directed to file an initial joint status report by 5/18/2021. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 24 MOTION by Defendants Bond, Hoeft, Hurtado, Wahlberg for extension of time to file answer regarding amended complaint #17 (Weigand, Jason) |
| Filing 23 ATTORNEY Appearance for Defendants Bond, Hoeft, Hurtado, Wahlberg by Jason Joseph Weigand (Weigand, Jason) |
| Filing 22 WAIVER OF SERVICE returned executed by U.S. Marshals Service. Bond waiver sent on 2/10/2021, answer due 4/12/2021. (Attachments: #1 USM-285 Bond)(aee, ) |
| Filing 21 WAIVER OF SERVICE returned executed by U.S. Marshals Service. Hoeft waiver sent on 2/10/2021, answer due 4/12/2021. (Attachments: #1 USM-285 Hoeft)(aee, ) |
| Filing 20 WAIVER OF SERVICE returned executed by U.S. Marshals Service. Hurtado waiver sent on 2/10/2021, answer due 4/12/2021; Wahlberg waiver sent on 2/10/2021, answer due 4/12/2021. (Attachments: #1 USM-285 Wahlberg, #2 Waiver, #3 USM-285 Hurtado)(aee, ) |
| SUMMONS Issued, certified copy of order dated 01/19/2021 to the U.S. Marshal's Office for service as to defendant Bond, Hoeft, Hurtado, Wahlberg via email. (aee, ) |
| Filing 17 AMENDED complaint by Michael Berry against Bond, Hoeft, Hurtado, Wahlberg (Exhibits). (aee, ) |
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Filing 16
ORDER: Plaintiff's amended complaint #15 may proceed against Defendants Hoeft, Bond, Wahlberg, and Hurtado. The Clerk of Court is directed to: (1) file Plaintiff's amended complaint #15 ; (2) terminate Defendants Wexford Health Sources, Inc., and Doctor A; (3) issue summonses for service of the amended complaint #15 on Defendants Hoeft, Bond, Wahlberg, and Hurtado; and (4) send Plaintiff four blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form for each defendant is required for service. The U.S. Marshal will not attempt service on a defendant unless and until the required form is received. The U.S. Marshal is appointed to serve Defendants. Plaintiff must promptly advise the Court in the event of any change in his address. Failure to do so may lead to dismissal of this action for want of prosecution. Signed by the Honorable Martha M. Pacold on 1/19/2021. Mailed notice (aee, )
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| Filing 15 RECEIVED Amended Complaint and no copies by Michael Berry (Exhibits). (aee, ) |
| MAILED Copy of Order dated 11/23/20 to the trust fund supervisor at Pinckneyville. (aee, ) |
| MAILED Copy of Order dated 11/23/20, an amended civil rights complaint form and instructions, a blank USM-285 form to Plaintiff. (aee, ) |
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Filing 14
ORDER: Plaintiff's amended application for leave to proceed in forma pauperis #13 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $21.37 from Plaintiff's account for payment to the Clerk as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The Clerk is directed to send a copy of this order (electronically if possible) to the trust fund supervisor at Plaintiff's current place of incarceration and the Court's Fiscal Department. However, summons shall not issue. Plaintiff's complaint #1 is dismissed without prejudice. Plaintiff is given until January 12, 2021 to submit an amended complaint that complies with this order and a completed USM-285 (Marshals service) form for each Defendant named in the amended complaint. If Plaintiff does not comply with this order, the Court will summarily dismiss the lawsuit. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action may be subject to dismissal for failure to comply with a Court order and for failure to prosecute. Plaintiff's motion for attorney representation #3 is denied without prejudice to renewal later in this case. The Clerk is directed to send Plaintiff an amended civil rights complaint form and instructions, a blank USM-285 form, and a copy of this order. Signed by the Honorable Martha M. Pacold on 11/23/2020. Mailed notice (aee, )
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| MAILED docket entries 10, 11, 12 13 to Michael Berry (cp, ) |
| Filing 13 APPLICATION by Plaintiff Michael Berry for leave to proceed in forma pauperis (Exhibits) (Envelope postmarked 7/17/20) (aee, ) Modified on 8/3/2020 (lma, ). |
| Filing 12 LETTER from Michael Berry dated 7/15/20. (Envelope postmarked 7/17/20) (aee, ) |
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Filing 11
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. (Clerk8, Docket)
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Filing 10
ORDER: Plaintiff's application for leave to proceed in forma pauperis #4 is denied without prejudice. If Plaintiff wants to proceed with this lawsuit, he must either (1) submit a renewed application, including certificates completed by appropriate officials, and accompanied by copies of Plaintiff's trust fund account statements, showing all transactions in his account for the six-month period immediately preceding his initiation of this action; or (2) pay the full statutory filing fee of $400.00. Failure to comply with this order by August 7, 2020, will result in summary dismissal of this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. Failure to keep the Court informed of his address may lead to dismissal of this action for failure to comply with a Court order and for want of prosecution. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis and a copy of this order. The Clerk shall also send a copy of this order to the trust fund officer at Plaintiff's present place of incarceration. The trust fund officer is directed to assist Plaintiff in obtaining the needed certifications and trust fund account statements. The court at this time defers ruling on Plaintiff's motion for attorney representation #3 . Signed by the Honorable Martha M. Pacold on 7/7/2020. Mailed notice (aee, )
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| MAILED Copy of Order dated 7/7/20, and a blank application to proceed in forma pauperis to Plaintiff. (aee, ) |
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Filing 9
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. (docket10, )
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Filing 8
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. (docket8, )
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Filing 7
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. (docket12, )
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Filing 6
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. (ecw, )
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| Filing 5 MEMORANDUM of Law by Michael Berry to find complaint sufficient. (aee, ) |
| Filing 4 APPLICATION by Plaintiff Michael Berry for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 3 MOTION by Plaintiff Michael Berry for attorney representation. (aee, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Michael Berry (Exhibits). (aee, ) |
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