Thelen v. Schneider et al
| Thelen and Patrick Thelen |
| Schneider, Kimberly M Schneider, USA, Douglas A Kruse, Elizabeth Mills and Unknown Party |
| 3:2016cv00057 |
| January 19, 2016 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Bond |
| Reona J Daly |
| Philip M Frazier |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1346 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2017. A more recent docket listing may be available from PACER.
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| Filing 61 JUDGMENT. Approved by Judge J. Phil Gilbert on 6/20/2017. (jdh) |
| Filing 60 MOTION for Entry of Judgment Pursuant to Rule 58(d) by Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider, USA. (Biersbach, Nicholas) |
Filing 59
This matter comes before the Court on the Parties' Stipulation of Dismissal [Doc. 58] with prejudice with each party to bear its own costs and attorney fees. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows dismissal without a court order by filing a stipulation of dismissal signed by all parties who have appeared. As such a stipulation has been filed, no order of the court is necessary. The Clerk of Court is DIRECTED to close this matter and terminate all pending motions as moot. Signed by Judge J. Phil Gilbert on 5/23/2017. (scc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 58 STIPULATION of Dismissal With Prejudice Pursuant to Rule 41(a)(1)(A)(ii) by USA. (Biersbach, Nicholas) |
| Filing 57 RESPONSE in Opposition re #55 MOTION to Dismiss Medical Malpractice Claim or in the Alternative Motion for Summary Judgment filed by Patrick Thelen. (Attachments: #1 Exhibits)(jaj) |
| Filing 56 NOTICE by USA to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant's Motion for Summary Judgment (Biersbach, Nicholas) |
| Filing 55 MOTION to Dismiss Medical Malpractice Claim or in the Alternative Motion for Summary Judgment by USA. Responses due by 4/27/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Biersbach, Nicholas) |
| Filing 54 AMENDED COMPLAINT against All Defendants filed by Patrick Thelen. (Attachments: #1 Exhibits)(jaj) |
| Set Deadline: Pursuant to the Order at Doc. #53 , Plaintiff is granted leave to amend his complaint with regard to Count 1 ONLY on or before March 20, 2017. Amended Pleadings due by 3/20/2017. (slj2) |
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Filing 53
MEMORANDUM AND ORDER, The Court ADOPTS the R & R (Doc. #46 ) in its entirety. Plaintiff's Motion (Doc. #42 ) for Leave to Amend the Complaint is GRANTED in part and DENIED in part. Plaintiff is granted leave to amend his complaint with regard to Count 1 ONLY on or before March 20, 2017.Plaintiff's Motion (Doc. #18 ) to Alter or Amend the Order Referring Case to Magistrate Judge is DENIED. Defendants' Motion (Doc. #30 ) to Dismiss is GRANTED. Signed by Judge J. Phil Gilbert on 2/27/2017. (jdh)
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| Filing 52 REPLY TO RESPONSE to #50 Objection to Report and Recommendations filed by Patrick Thelen. (jaj) |
| Filing 51 RESPONSE to #50 Objection to Report and Recommendations filed by Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider. (Biersbach, Nicholas) |
| Filing 50 OBJECTION to #46 Report and Recommendations by Patrick Thelen. (cekf) |
| Filing 49 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #48 Response filed by Patrick Thelen. Document was inadvertently filed twice. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 48 STRICKEN - REPLY BRIEF to #43 Motion to Stay, #44 Response to Motion filed by Patrick Thelen. (jaj) Modified on 11/22/2016 (cds). |
| Filing 47 RESPONSE to Doc. #43 Motion to Stay Discovery, and Reply to Doc. #44 Response to Motion to File Amended Complaint filed by Patrick Thelen. (Attachments: #1 Envelope)(slj2) |
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Filing 46
REPORT AND RECOMMENDATIONS re #30 MOTION to Dismiss Count II of Plaintiff's Complaint With Prejudice Pursuant to Rule 12(B)(6) and Memorandum in Support; #42 MOTION for Leave to File Amended Complaint, MOTION to Reinstate Count I, #18 MOTION to Alter or Amend #10 Order Referring Case to Magistrate Judge. Objections to R&R due by 11/30/2016. Signed by Magistrate Judge Reona J. Daly on 11/16/16. (Attachments: #1 Supplement) (dam)
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Filing 45
ORDER granting #43 Motion to Stay Discovery Pending Resolution of Their Motion To Dismiss. Discovery is stayed until the resolution of #30 Defendants' Motion to Dismiss. Signed by Magistrate Judge Reona J. Daly on 11/7/16. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 RESPONSE to Motion re #42 MOTION for Leave to File MOTION to Reinstate filed by Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider. (Biersbach, Nicholas) |
| Filing 43 MOTION to Stay Discovery or in the alternative Extension of Time to Respond to Discovery served on Defendants by Plaintiff by Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider. (Biersbach, Nicholas) |
| Filing 42 MOTION for Leave to File Amended Complaint, MOTION to Reinstate Count One for Good Cause Shown by Patrick Thelen. Proposed Amended Complaint received this date and under review. (jaj) |
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Filing 41
ORDER denying #32 Motion to Appoint Counsel. Plaintiff has made a reasonable attempt at obtaining counsel on his own, but it appears that Plaintiff is capable of handling this case at this time. Plaintiff's pleadings to date demonstrate an ability to articulate clearly and effectively with a strong command of the law. Plaintiff also has experience with other prison civil rights litigation. Plaintiff may refile after the Court decides on the pending motions. Signed by Magistrate Judge Reona J. Daly on 10/20/16. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 40
SCHEDULING ORDER: Discovery due by 10/6/2017. Dispositive Motions due by 11/10/2017. Signed by Magistrate Judge Reona J. Daly on 10/4/16. (dam)
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| Filing 39 NOTICE of Change of Address by Patrick Thelen. (jaj) |
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Filing 38
ADMINISTRATIVE ORDER 189 REASSIGNING CASE REFERRAL. Case referral reassigned to Magistrate Judge Reona J. Daly for all further proceedings. Case no longer referred to Magistrate Judge Frazier. All future pleadings shall bear the case number 16-57-JPG/RJD. Signed by Chief Judge Michael J. Reagan on 9/9/2016. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 37 NOTICE of Change of Address by Patrick Thelen from FCI Greenville to FCI Milan. (jaj) |
| Filing 36 RESPONSE to #35 Status Report filed by Patrick Thelen. (jlrr) |
| Filing 35 STATUS REPORT Regarding Medical Record Production to Plaintiff in Case No. 15-cv-1015-JPG-SCW by USA. (Biersbach, Nicholas) |
| Filing 34 SUPPLEMENT by Patrick Thelen. Supplement to #1 Complaint. (cds) |
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Filing 33
ORDER granting #19 Motion to Supplement. The Clerk is DIRECTED to file, as a supplement to the Complaint, the affidavit submitted on 4/6/2016. Signed by Magistrate Judge Philip M. Frazier on 7/18/2016. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 SECOND MOTION to Appoint Counsel by Patrick Thelen. (jaj) |
| Filing 31 RESPONSE in Opposition re #30 MOTION to Dismiss Count II of Plaintiff's Complaint With Prejudice Pursuant to Rule 12(B)(6) and Memorandum in Support filed by Patrick Thelen. (jaj) |
| Filing 30 MOTION to Dismiss Count II of Plaintiff's Complaint With Prejudice Pursuant to Rule 12(B)(6) and Memorandum in Support by Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider. Responses due by 7/18/2016 (Biersbach, Nicholas) |
| Filing 29 NOTICE of Appearance by Nicholas J Biersbach on behalf of Douglas A Kruse (Biersbach, Nicholas) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to Answer. The defendants demonstrate good cause for an extension of time. The deadline for defendants Schneider and Mills to file an answer or otherwise respond to plaintiff's complaint is hereby extended to June 13, 2016. Signed by Magistrate Judge Philip M. Frazier on 5/13/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 27 MOTION for Extension of Time to File Answer re #1 Complaint by Elizabeth Mills, Kimberly M Schneider. (Biersbach, Nicholas) |
| Filing 26 NOTICE of Appearance by Nicholas J Biersbach on behalf of Elizabeth Mills, Kimberly M Schneider (Biersbach, Nicholas) |
| Filing 25 REPLY to Response to Motion re #19 MOTION to Supplement filed by Patrick Thelen. (jaj) |
| Filing 24 RESPONSE to Motion re #19 MOTION to Supplement Complaint with Affidavit Pursuant to 735 ILCS 5/2-622(a)(3) filed by USA. (Biersbach, Nicholas) |
| Filing 23 NOTICE of Appearance by Nicholas J Biersbach on behalf of USA (Biersbach, Nicholas) |
| Filing 22 SUMMONS Returned Executed Douglas A Kruse served on 4/12/2016, answer due 6/13/2016. (tjk) |
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Filing 21
ORDER denying #3 Motion to Appoint Counsel. Upon receiving a pro se litigant's request for counsel, the Court conducts the following two step analysis to determine whether to recruit counsel: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 654. The Court observes that the plaintiff attached the same attorney response letters that he submitted in his other case, 3:15-cv-01015-MJR-SCW at Doc. 71. Plaintiff is directed to make one more effort to find counsel on his own, and to contact at least three attorneys. If plaintiff is still unsuccessful in finding an attorney on his own, he may file another motion for recruitment of counsel after the defendants file an answer. Signed by Magistrate Judge Philip M. Frazier on 4/8/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
ORDER finding as moot #13 Motion to Re-issue Summons to Defendant Kruse. Summons was reissued to defendant Kruse on March 30, 2016. See Doc. 15. Signed by Magistrate Judge Philip M. Frazier on 4/8/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Leave to Supplement Complaint filed by Patrick Thelen. Proposed Affidavit received and under review. (cjo) |
| Filing 18 MOTION to Alter or Amend #10 Order Referring Case to Magistrate Judge filed by Patrick Thelen. (cjo) |
| Filing 17 SUMMONS Returned Executed Kimberly M Schneider served on 3/24/2016, answer due 5/23/2016. (tjk) |
| Filing 16 SUMMONS Returned Executed Elizabeth Mills served on 3/24/2016, answer due 5/23/2016. (tjk) |
| Filing 15 Summons Reissued as to Douglas A Kruse. (tjk) |
| Filing 14 SUMMONS Returned Executed as to AG. (tjk) |
| Filing 13 MOTION to Re-issue Summons to Defendant Kruse by Patrick Thelen. (jaj) |
| Filing 12 SUMMONS Returned Executed as to USAO. (tjk) |
| Filing 11 Summons Issued as to Douglas A Kruse, Elizabeth Mills, Kimberly M Schneider. (tjk) |
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Judge J. Phil Gilbert on 3/14/2016. (tjk)
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| Filing 9 NOTICE of Incorrect Address in Complaint by Patrick Thelen re #1 Complaint (jaj) |
| Filing 8 RESPONSE to #6 Order Directing Prisoner Payment, Terminate Motions filed by Patrick Thelen. (jaj) |
| Filing 7 Prisoner Filing Fee: $ 350.00 received, receipt number 34625063302 (cds) |
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Filing 6
ORDER Directing Monthly Payments be made from Prison Account of Thelen, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Patrick Thelen. Signed by Judge J. Phil Gilbert on 1/29/2016. (tjk)
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| Filing 5 Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 4 MOTION for Service of Process at Government Expense by Patrick Thelen. (jaj) |
| Filing 3 MOTION to Appoint Counsel by Patrick Thelen. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Patrick Thelen. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Patrick Thelen. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(jaj) |
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