Tay v. Baldwin et al
| Tay Tay |
| Lieutenant Campbell, Assistant Warden Walker, Officer Garret, Sgt Hicks, Lt. Pickford, Warden Jeff Dennison, Officer Soria, Officer John Doe, 1, Kristin Hammersley, Director John Baldwin, I.A. Officer Stuck, Jeff Dennison, John Baldwin and John Doe |
| 3:2019cv00501 |
| May 14, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER: Telephonic Status Conference set for 7/15/2019 at 2:30 PM CST before Chief Judge Nancy J. Rosenstengel. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610; (3) when prompted, enter the four-digit Security Code: 9342. Signed by Chief Judge Nancy J. Rosenstengel on 7/10/2019. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 46
ORDER STRIKING 43 Order granting in part and denying in part Plaintiff's Motion for Leave to Take Limited Depositions. Shortly before the Court's Order at Doc. 43 was docketed Plaintiff filed a Reply to Defendants' Objections to her Motion for Leave to Take Limited Depositions. Upon review of the Reply, the Court strikes its Order at Doc. 43 and determines a telephone conference with counsel of record is needed. The conference will be set by separate Order. Plaintiff's Motion to Compel (Doc. 45) will also be taken up during the conference. Defendants shall respond to the motion to compel by 9:00 a.m. on July 15, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 7/10/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 45 MOTION to Compel the Defendants to Produce the Court Ordered Discovery by Tay Tay. (Attachments: #1 Exhibit 1)(del Valle, Vanessa) |
| Filing 44 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by John Baldwin, Lieutenant Campbell, Jeff Dennison, John Doe, Officer Garret, Kristin Hammersley, Sgt Hicks, Lt. Pickford, Officer Soria, I.A. Officer Stuck, Assistant Warden Walker. (Carwile, R.) |
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Filing 43
Stricken per order at document # 46-ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's #37 Motion for Leave to Take Limited Depositions prior to the hearing on Plaintiff's motion for preliminary injunction. First, Plaintiff seeks permission to depose three different members of the Gender Identity Disorder Committee ("Committee"), Dr. Reister, Dr. Puga, and Dr. Meeks, as well as a Rule 30 (b)(6) witness who can speak to the Committee's recent decision regarding Plaintiff's care and placement. Plaintiff does not articulate why she needs to depose three different members of the Committee. Additionally, as noted by Defendants, the requested Rule 30(b)(6) deposition would be duplicative of testimony Plaintiff is seeking from the specified Committee members. Accordingly, the Court finds that granting leave to depose all four witnesses is not warranted. Instead, Plaintiff is granted leave to depose one of the four witnesses (Dr. Reister, Dr. Puga, Dr. Meeks, or a Rule 30(b)(6) witness) prior to the hearing. The Court will allow Plaintiff to select which of the four witnesses she wishes to depose. Second, Plaintiff seeks permission to depose Warden Austin of Logan Correctional Center prior to the hearing. This request is denied. It does not appear that Warden Austin has any information specific to Plaintiff but instead would be testifying only in his capacity as the Warden of the facility where Plaintiff requests to be transferred. Plaintiff can call him as a witness at the hearing. Taking his deposition prior to the hearing would not offer sufficient benefit to outweigh the difficulty of the issues Defendants' counsel has with resources and Warden Austin's availability prior to the hearing. Signed by Chief Judge Nancy J. Rosenstengel on 7/9/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 7/10/2019 (trb).
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| Filing 42 REPLY to Response to Motion re #37 MOTION for Leave to Take Limited Depositions filed by Tay Tay. (del Valle, Vanessa) |
| Filing 41 OBJECTION to #37 Motion for Miscellaneous Relief by John Baldwin, Lieutenant Campbell, Jeff Dennison, Officer Garret, Kristin Hammersley, Sgt Hicks, Lt. Pickford, Officer Soria, I.A. Officer Stuck, Assistant Warden Walker . (Carwile, R.) |
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Filing 40
ORDER: The preliminary injunction proceedings in this case are CONSOLIDATED with the preliminary injunction proceedings in case 16-cv-92-NJR-MAB. Plaintiff's motions for preliminary injunction in both cases will be taken up at the hearing set on July 29, 2019, at 9:30 a.m. (see Doc. 13). Defendants' motion to stay their deadline to respond to the motion for preliminary injunction, (Doc. #39 ) is DENIED. Defendants' response is due on or before July 9, 2019. Defendants may submit a single, combined response to both motions for preliminary injunction, but the response should be filed in both this case and case 16-cv-92-NJR-MAB. Defendants' response to Plaintiff's Motion for Leave to Take Limited Depositions (Doc. 38), remains due on July 8, 2019. Signed by Magistrate Judge Mark A. Beatty on 7/2/2019. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 39 MOTION to Stay Deadline to Respond to Plaintiff's Motion for Preliminary Injnuction by John Baldwin, Lieutenant Campbell, Jeff Dennison, Officer Garret, Kristin Hammersley, Sgt Hicks, Lt. Pickford, Officer Soria, I.A. Officer Stuck, Assistant Warden Walker. (Carwile, R.) |
| Set/Reset Deadlines as to #37 MOTION for Leave to Take Limited Depositions . Responses due by 7/8/2019 (cds) |
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Filing 38
ORDER re #37 MOTION for Leave to Take Limited Depositions filed by Tay Tay: Defendants are ORDERED to file a response to Plaintiff's Motion for Leave to Take Limited Depositions on or before July 8, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 6/28/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 37 MOTION for Leave to Take Limited Depositions by Tay Tay. (del Valle, Vanessa) |
| Filing 36 VIDEO WRIT ISSUED as to Charles Dent #N42308 to be held July 29, 2019 at 2:30 PM by Chief Judge Nancy J. Rosenstengel. (drb) |
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Filing 35
NOTICE AND ORDER: IDOC and the Warden of Graham Correctional Center shall arrange to have Charles Dent #N42308 present via video conference on July 29, 2019 at 2:30 PM before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 6/26/2019. (drb)
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| Filing 34 VIDEO WRIT ISSUED as to Curtis VanNote #B57002 (1:30 PM) and Dataveon Watson #M29591 (2:00 PM) to be held July 29, 2019 before Chief Judge Nancy J. Rosenstengel. (drb) |
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Filing 33
NOTICE AND ORDER: IDOC and the Warden of Danville Correctional Center shall arrange to have the following persons present via video conference on July 29, 2019: Curtis VanNote #B57002 at 1:30 PM and Dataveon Watson #M29591 at 2:00 PM before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 6/26/2019. (drb)
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Filing 32
ORDER granting #31 Motion for Extension of Time to Answer. Answer due July 15, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 6/26/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION for Extension of Time to File Answer by John Baldwin. (Carwile, R.) |
| Filing 30 NOTICE of Appearance by R. Levi Carwile on behalf of John Baldwin (Carwile, R.) |
| Filing 29 SUMMONS Returned Executed by Tay Tay. John Baldwin served on 6/4/2019, answer due 6/25/2019. (del Valle, Vanessa) |
| Filing 28 Summons Issued as to John Baldwin and returned to attorney for service. (trb) (Main Document 28 replaced on 6/4/2019) (jlrr). |
| Filing 27 WAIVER OF SERVICE Returned Executed by Tay Tay. Lieutenant Campbell waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Tay Tay. I.A. Officer Stuck waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 25 Summons Requested. (del Valle, Vanessa) |
| Filing 24 NOTICE of Appearance by R. Levi Carwile on behalf of Kristin Hammersley (Carwile, R.) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Tay Tay. Kristin Hammersley waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Tay Tay. Officer Soria waiver sent on 5/20/2019, answer due 7/19/2019. (del Valle, Vanessa) |
| Filing 21 NOTICE REGARDING FILING re #16 Waiver of Service Executed filed by Tay Tay, #17 Waiver of Service Executed filed by Tay Tay, #15 Waiver of Service Executed filed by Tay Tay, #18 Waiver of Service Executed filed by Tay Tay. Documents contain an incorrect case number. The correct case number is 19-501-NJR. This Notice is sent for informational purposes only for future filings. No Further Action Required. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 20 NOTICE of Appearance by R. Levi Carwile on behalf of Lieutenant Campbell, Officer Soria, I.A. Officer Stuck (Carwile, R.) |
| Filing 19 NOTICE of Appearance by R. Levi Carwile on behalf of Jeff Dennison, Officer Garret, Sgt Hicks, Lt. Pickford, Assistant Warden Walker (Carwile, R.) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Tay Tay. Jeff Dennison waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Tay Tay. Assistant Warden Walker waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Tay Tay. Lt. Pickford waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Tay Tay. Officer Garret waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Tay Tay. Sgt Hicks waiver sent on 5/14/2019, answer due 7/15/2019. (del Valle, Vanessa) |
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Filing 13
ORDER SETTING HEARING on #2 Motion for Preliminary Injunction. Plaintiff's #6 Motion for Expedited Evidentiary Hearing and Expedited Discovery on Motion for Preliminary Injunction is GRANTED. A hearing on the Motion for Preliminary Injunction is scheduled for July 29, 2019 at 9:30 a.m. in the East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. The Court has set aside an additional day for the hearing if needed. The discovery requests attached to the motion are approved for submission to the Defendants with a response due date of thirty days from the date of service. The Clerk of Court is DIRECTED to issue a writ to obtain Plaintiff's presence at the hearing in person. Plaintiff's counsel shall provide the information needed for the writ. Defendants are ORDERED to file a response to the request for injunctive relief by July 1, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 5/16/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 NOTICE REGARDING FILING re #9 Notice of Appearance filed by Tay Tay, #7 Notice of Appearance filed by Tay Tay, #8 Notice of Appearance filed by Tay Tay. Documents are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF.This Notice is sent for informational purposes only for future filings. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 11
ORDER re #10 1915A Screening Order: The Court AMENDS its 1915A Screening Order as follows: Defendants are ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. 1997e(g). Signed by Chief Judge Nancy J. Rosenstengel on 5/16/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER: IT IS ORDERED that COUNTS 1, 2, 4, and 5 shall receive further review as to BALDWIN in his official capacity. COUNTS 3 and 6 shall receive further review as to JOHN BALDWIN, WARDEN JEFF DENNISON, ASSISTANT WARDEN WALKER, KRISTIN HAMMERSLEY, SERGEANT HICKS, LIEUTENANT PICKFORD, OFFICER GARRET, OFFICER SORIA, LIEUTENANT CAMPBELL, INTERNAL AFFAIRS OFFICER STUCK, and OFFICER JOHN DOE, in their individual capacities. Plaintiff's counsel will be responsible for completing service of process in this case. The Court will enter a separate order setting a hearing on the Motion for Preliminary Injunction and directing Defendants to respond to the same. Signed by Chief Judge Nancy J. Rosenstengel on 5/15/2019. (ksp)
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| Filing 9 NOTICE of Appearance by Nicole Schult on behalf of All Plaintiffs (Schult, Nicole) |
| Filing 8 NOTICE of Appearance by Elizabeth Mazur on behalf of All Plaintiffs (Mazur, Elizabeth) |
| Filing 7 NOTICE of Appearance by Alan S. Mills on behalf of All Plaintiffs (Mills, Alan) |
| Filing 6 MOTION for Expedited Evidentiary Hearing and Expedited Discovery on Motion for Preliminary Injunction by Tay Tay. (Attachments: #1 Exhibit 1)(del Valle, Vanessa) |
| Filing 5 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 19-501-NJR. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jaj) |
| Filing 4 NOTICE of Appearance by Sheila A Bedi on behalf of Tay Tay (Bedi, Sheila) |
| Filing 3 NOTICE of Appearance by Vanessa del Valle on behalf of Tay Tay (del Valle, Vanessa) |
| Filing 2 MOTION for Preliminary Injunction by Tay Tay. (del Valle, Vanessa) |
| Filing 1 COMPLAINT against All Defendants, filed by Tay Tay. (Attachments: #1 Civil Cover Sheet)(del Valle, Vanessa) |
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