Vilayhong v. Santos et al
| Manith Vilayhong |
| Lana Nalewajka, Benerio Santos and Joe Fatheree |
| 3:2019cv00748 |
| July 11, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 41
ORDER: In a #39 Notice filed September 3, 2019, Defendant Santos indicates that he scheduled Plaintiff's appointment with an otolaryngologist for September 30, 2019, at 3:00 p.m. Pursuant to the #38 Preliminary Injunction, the appointment must "take place" on or before September 17, 2019. (Doc. 38, p. 3). Therefore, Defendant(s) are ORDERED to file a Supplemental Notice on or before September 17, 2019, describing their good-faith efforts to schedule an earlier appointment with an ENT, including the names of all specialists contacted, the date each specialist was contacted, their contact information, their specialty, the earliest appointment date(s) offered, and whether Plaintiff was placed on a waiting list for an earlier appointment.Signed by Judge Staci M. Yandle on 9/4/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 39
NOTICE by Benerio Santos re #38 Order on Motion to Supplement, Order on Motion for Preliminary Injunction, Regarding Scheduling ENT Appointment (Melzer, Katherine)
|
|
Filing 38
ORDER granting Plaintiff's #10 Motion for Preliminary Injunction and related #12 #34 Supplements. See attached Order for details. Signed by Judge Staci M. Yandle on 9/3/2019. (jsy)
|
|
Filing 37
NOTICE of Appearance by Untress L. Quinn on behalf of Benerio Santos (Quinn, Untress)
|
|
Filing 40
Minute Entry for proceedings held before Judge Staci M. Yandle: Motion Hearing held on 8/28/2019 re #10 MOTION for Preliminary Injunction filed by Manith Vilayhong. Plaintiff appears via video. Defendants counsel, Katherine Melzer and Robert Brandon Shultz, appear in open court. Plaintiff sworn, testimony and arguments heard. Order entered at Doc. 38. (Court Reporter Chris Dohack.) (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 36
ORDER DENYING #35 Motion to Continue Preliminary Injunction Hearing for lack of good cause shown. Signed by Judge Staci M. Yandle on 8/26/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 35
MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction by Benerio Santos. (Melzer, Katherine)
|
|
Filing 34
SECOND MOTION to Supplement #10 by Manith Vilayhong. (Attachments: #1 Supplement)(jaj)
|
|
Filing 33
RESPONSE in Opposition re #10 MOTION for Preliminary Injunction filed by Benerio Santos. (Attachments: #1 Exhibit A - Plaintiff's Medical Records)(Melzer, Katherine)
|
|
Filing 32
ORDER granting #31 Motion for Protective Order.Signed by Judge Staci M. Yandle on 8/19/2019. (jsy)
|
|
Filing 31
MOTION for Protective Order - Qualified HIPAA Protective Order by Benerio Santos. (Melzer, Katherine)
|
|
Filing 30
DEMAND for Trial by Jury by Benerio Santos. (Melzer, Katherine)
|
|
Filing 29
NOTICE of Appearance by Katherine A. Melzer on behalf of Benerio Santos (Melzer, Katherine)
|
|
Filing 28
NOTICE of Appearance by Robert Brandon Shultz on behalf of Warden of Centralia Correctional Center (Shultz, Robert)
|
|
Filing 27
WAIVER OF SERVICE Returned Executed Warden of Centralia Correctional Center waiver sent on 8/8/2019, answer due 10/7/2019. (tjk)
|
|
Filing 26
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #24 Notice and Order. Corrected document filed at Doc. #25 Notice and Order correcting the type of hearing as a motion hearing. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 25
AMENDED NOTICE AND ORDER: Director of IDOC and the Warden of Centralia Correctional Center shall arrange to have Manith Vilayhong, M17024 present via video conference on August 28, 2019 at 10:00 AM before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 8/14/2019. (slh)
|
|
Filing 24
STRICKEN - AMENDED NOTICE AND ORDER: Director of IDOC and the Warden of Centralia Correctional Center shall arrange to have Manith Vilayhong, M17024 present via video conference on August 28, 2019 at 10:00 AM before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 8/12/2019. (slh) Modified on 8/14/2019 (slh).
|
|
Filing 23
NOTICE of Appearance by Robert Brandon Shultz on behalf of Lana Nalewajka (Shultz, Robert)
|
|
Filing 22
WAIVER OF SERVICE Returned Executed Benerio Santos waiver sent on 8/8/2019, answer due 10/7/2019. (tjk)
|
|
Filing 21
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #18 Notice and Order. Stricken per filer's request. Document to be re-filed. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 20
WAIVER OF SERVICE Returned Executed Lana Nalewajka waiver sent on 8/8/2019, answer due 10/7/2019. (tjk)
|
|
Filing 19
VIDEO WRIT ISSUED as to Manith Vilayhong, M17024 to be held August 28, 2019 at 10:00 AM at the Benton Courthouse by Judge Staci M. Yandle. (slh)
|
|
Filing 18
STRICKEN NOTICE AND ORDER: Director of IDOC and the Warden of Centralia Correctional Center shall arrange to have Manith Vilayhong, M17024 present via video conference on August 28, 2019 at 10:00 AM before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 8/8/2019. (slh) Modified on 8/9/2019 (kdw).
|
|
Filing 17
ORDER Setting Hearing on #10 Motion for Preliminary Injunction and #12 Supplement: Motion Hearing set for 8/28/2019 10:00 AM in Benton Courthouse before Judge Staci M. Yandle. Plaintiff shall appear via video. In order to assist the Court in its resolution of the Motions, Defendants SHALL FILE A RESPONSE on or before August 21, 2019. Signed by Judge Staci M. Yandle on 8/8/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 16
REQUEST FOR WAIVER of Service sent to Santos, Warden, and Nalewajka on 8/8/2019. Waiver of Service due by 9/9/2019. (tjk)
|
|
Filing 15
ORDER FOR SERVICE OF PROCESS upon Defendants SANTOS, NALEWAJKA, and CENTRALIA CORRECTIONAL CENTER'S WARDEN. The #14 First Amended Complaint survives screening pursuant to 28 U.S.C. 1915A as follows: COUNT 1 will receive further review against Defendants SANTOS and NALEWAJKA. The Clerk is DIRECTED to ADD the WARDEN OF CENTRALIA CORRECTIONAL CENTER, in his or her official capacity, as a defendant in CM/ECF for the sole purpose of implementing any injunctive relief that is ordered in this case. See Gonzalez v. Feinerman, 663 F.3d 311, 315 (7th Cir. 2011). The Court GRANTS the #2 #7 Motions for Service of Process at Government Expense, DENIES the #11 Motion for Recruitment of Counsel without prejudice, and DEFERS a decision on Plaintiff's #10 Motion for Preliminary Injunction and #12 Supplement until Defendants have had an opportunity to respond in writing and at a hearing on both motions. The hearing will be set by separate Order. Defendants are ORDERED to respond to the Motion and Supplement, in writing, no later than seven (7) days before the hearing.Signed by Judge Staci M. Yandle on 8/7/2019. (jsy)
|
|
Filing 14
AMENDED COMPLAINT against Lana Nalewajka and Benerio Santos filed by Manith Vilayhong. (Attachments: #1 Exhibits).(jsm2)
|
|
Filing 13
ORDER GRANTING #8 Motion for Leave to File Amended Complaint. The Clerk is DIRECTED to file the proposed amended complaint and exhibits to the original Complaint (Doc. 1, pp. 9-96) together as the "First Amended Complaint" in CM/ECF. See FED. R. CIV. P. 15(a)(2). The First Amended Complaint SUPERSEDES and REPLACES the original Complaint (Doc. 1) and renders it VOID. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir. 2004). The First Amended Complaint is subject to review pursuant to 28 U.S.C. 1915A. Plaintiff will be provided with a copy of the Court's screening order once preliminary review of this matter is complete. Signed by Judge Staci M. Yandle on 8/7/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 12
MOTION to Supplement Plaintiff's Injunctive Relief Motion by Manith Vilayhong. (Attachments: #1 Supplement)(tjk)
|
|
Filing 11
MOTION for Recruitment of Counsel by Manith Vilayhong. (jsm2)
|
|
Filing 10
MOTION for Preliminary Injunction by Manith Vilayhong. (jsm2)
|
|
Filing 9
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
|
|
Filing 8
MOTION for Leave to File Amended Complaint by Manith Vilayhong. (Amended Complaint received this date and under review). (jsm2)
|
|
Filing 7
MOTION for Service of Process at Government Expense by Manith Vilayhong. (jsm2)
|
|
Filing 6
ORDER: The Court has received your payment of the filing fee. Now the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 7/17/2019. (tjk)
|
|
Filing fee: $ 400.00, receipt number 34625094588 (cds)
|
|
Filing 5
NOTICE OF MODIFICATION re #1 Complaint filed by Manith Vilayhong. Complaint modified to reflect correct parties. No further action is required by the filer in relation to this notification. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-748-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 7/11/2019. (Attachments: #1 Motion for IFP).(jsm2)
|
|
Filing 3
NOTICE Regarding Filing Fee by Manith Vilayhong. (jsm2)
|
|
Filing 2
MOTION for Service of Process at Government Expense by Manith Vilayhong. (jsm2)
|
|
Filing 1
COMPLAINT against Benerio Santos and Lana Nalewajka filed by Manith Vilayhong.(jsm2) Modified on 7/12/2019 (kdb).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
