Chavez v Cunningham et al
| Julio Chavez |
| Wexford Health Sources, Inc., Lori Cunningham, Dr. Deanna Brookhart and Wexford Health Sources Inc |
| 3:2019cv00377 |
| April 4, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Initial Prisoner Filing Fee: $ 34.14 received, receipt number 34625094219 (cjo) |
| Filing 27 RESPONSE to #25 Scheduling Order, filed by Julio Chavez. (jaj) |
| Filing 26 MOTION for Recruitment of Counsel by Julio Chavez. (jaj) |
| Set/Reset Deadlines: Dispositive Motions re Exhaustion of Administrative Remedies due by 8/20/2019. (cds) |
Filing 25
INITIAL SCHEDULING ORDER: Plaintiff's initial partial filing fee due by August 20, 2019. A motion for leave to file an amended complaint must be filed, if at all, by September 19, 2019. Dispositive Motions re: Exhaustion of Administrative Remedies due by August 20, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 6/24/2019. (Attachments: #1 Consent to Magistrate Judge)(jrj)
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| Filing 24 ANSWER to 7 Complaint by Deanna Brookhart, Lori Cunningham.(Barnett, Tara) |
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Filing 23
ORDER denying #20 Motion for Recruitment of Counsel. Signed by Chief Judge Nancy J. Rosenstengel on 5/21/2019. (jrj)
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Filing 22
ORDER granting #21 Motion to Withdraw as Attorney. Assistant Attorney General Rachel Schwarzlose seeks leave to withdraw as counsel of record for Defendants Dee Dee Brookhart and Lorie Cunningham. The Motion is GRANTED, and Attorney Rachel D. Schwarzlose is terminated. The Court notes that Assistant Attorney General Tara Marie Barnett remains on the docket as counsel of record for Defendants Brookhart and Cunningham. The Court further notes that, although the Motion indicates that Assistant Attorney General Christine G. McClimans has been assigned to represent Defendants Brookhart and Cunningham, she has not entered an appearance on behalf of either Defendant, and she will not be treated as counsel of record for either Defendant until she has entered her appearance. Signed by Chief Judge Nancy J. Rosenstengel on 5/21/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 MOTION to Withdraw as Attorney by Deanna Brookhart, Lori Cunningham. (Schwarzlose, Rachel) |
| Filing 20 MOTION for Recruitment of Counsel by Julio Chavez. (jaj) |
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Filing 19
ORDER denying #1 Motion for Preliminary Injunction. Signed by Chief Judge Nancy J. Rosenstengel on 5/1/2019. (jrj)
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| Filing 18 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Hearing held on 5/1/2019 re #1 Motion for Temporary Restraining Order, MOtion for Preliminary Injunction filed by Julio Chavez. (Court Reporter Molly Clayton.) (Attachments: #1 medical records) (drb) |
| Filing 17 NOTICE of Appearance by Rachel D. Schwarzlose on behalf of Deanna Brookhart, Lori Cunningham (Schwarzlose, Rachel) |
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Filing 16
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #12 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $34.14. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Lawrence Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 5/1/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 RESPONSE in Opposition re #1 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Deanna Brookhart, Lori Cunningham. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Tara) |
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Filing 14
ORDER granting #13 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 4/24/2019. (jrj)
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| Filing 13 MOTION for Protective Order by Deanna Brookhart, Lori Cunningham. (Barnett, Tara) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Julio Chavez. (jaj) |
| Filing 11 NOTICE of Appearance by Tara Marie Barnett on behalf of Deanna Brookhart, Lori Cunningham (Barnett, Tara) |
| Filing 10 WAIVER OF SERVICE Returned Executed Deanna Brookhart waiver sent on 4/8/2019, answer due 6/7/2019; Lori Cunningham waiver sent on 4/8/2019, answer due 6/7/2019. (tjk) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Cunningham on 4/8/2019. Waiver of Service due by 5/8/2019. (tjk) |
| Filing 8 REQUEST FOR WAIVER of Service sent to Brookhart on 4/8/2019. Waiver of Service due by 5/8/2019. (tjk) |
| Filing 7 COMPLAINT against Deanna Brookhart, Lori Cunningham, filed by Julio Chavez (see Doc. 1).(tjk) |
| Filing 6 VIDEO WRIT ISSUED as to Julio Chavez #Y32297 to be held May 1, 2019 at 10:30 AM by Chief Judge Nancy J. Rosenstengel. (drb) |
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Filing 5
NOTICE AND ORDER: IDOC and the Warden of Lawrence Correctional Center shall arrange to have Julio Chavez #Y32297 present via video conference on May 1, 2019 at 10:30 AM before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 4/8/2019. (drb)
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Filing 4
ORDER SETTING HEARING as to #1 Motion for Temporary Restraining Order and Preliminary Injunction on May 1, 2019 at 10:30 a.m. Plaintiff is ordered to appear via video conference. Counsel SHALL be prepared, to the extent possible, to discuss Plaintiff's need for and/or receipt of treatment for his broken nose and related complaints. In that vein, Defendants are directed to arrange for at least one witness familiar with the allegations in the motion for preliminary injunction to appear at the hearing. Defendants SHALL FILE A RESPONSE to the request for a preliminary injunction on or before April 24, 2019. Additionally, Defendants are directed to provide the Court with medical records pertaining to the treatment of Plaintiff's broken nose and related complaints on or before April 24, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 4/8/2019. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
Order for Service of Process: The Complaint shall proceed against LORI CUNNINGHAM in her individual capacity. Wexford is dismissed without prejudice. In addition, the Clerk of Court is DIRECTED to add WARDEN DR. DEANNA BROOKHART (official capacity only) for the purpose of implementing any injunctive relief that is ordered. The Clerk of Court is also DIRECTED to RENAME the pleading at Doc. 1 as follows: Complaint and Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction by Julio Chavez. Plaintiffs request for a temporary restraining order is DENIED without prejudice, but Plaintiffs request for a preliminary injunction is DEFERRED. A hearing on the request for a preliminary injunction and an order directing Defendants to respond to the motion will be addressed in a separate court order. The Clerk of Court is DIRECTED to complete service of process on CUNNINGHAM and BROOKHART as set forth in the attached Order. Wexford Health Sources, Inc. terminated. Signed by Chief Judge Nancy J. Rosenstengel on 4/8/2019. (jrj)
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| Filing 2 Letter from USDC/SDIL to Plaintiff informing him of case number and filing fee information. (Attachments: #1 Motion to Proceed IFP, #2 Consent to Magistrate Judge) (jaj) |
| Filing 1 COMPLAINT and MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Julio Chavez. (Attachments: #1 Exhibits)(jaj) Modified on 4/8/2019 per Court Order at Doc. #3 (tjk). |
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