Murphy v. Wexford Health Sources, Inc.
| Aaron Murphy |
| Wexford Health Sources, Inc. |
| 3:2020cv00969 |
| September 22, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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Filing 46
Minute Entry for proceedings held before Judge J. Phil Gilbert: Status Conference held on 10/22/2020. Final Pretrial Conference is continued to 1/20/2021 at 9:00 AM via Telephone before Judge J. Phil Gilbert. Jury Trial is scheduled for 2/16/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are directed to call in to (618) 439-7733. (Court Reporter Amy Richardson.) (tag)
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Filing 45
MEMORANDUM in Support re #44 MOTION for Summary Judgment filed by Wexford Health Sources, Inc.. (Peek, Kevin)
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Filing 44
MOTION for Summary Judgment by Wexford Health Sources, Inc.. Responses due by 11/23/2020 (Peek, Kevin)
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Filing 43
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 42
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Flaxman, Joel)
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Filing 41
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Peek, Kevin)
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Filing 40
NOTICE of HEARING. A Status Conference is scheduled for 10/22/2020 at 9:00 AM via Telephone Conference before Judge J. Phil Gilbert. ALL PARTIES ARE DIRECTED TO CALL INTO (618) 439-7733. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
ANSWER to Complaint by Wexford Health Sources, Inc..(Peek, Kevin)
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Filing 38
Letter to Attorney Kenneth N. Flaxman regarding admittance to our District. (kls3)
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Filing 36
NOTICE of Appearance by Kevin K. Peek on behalf of Wexford Health Sources, Inc. (Peek, Kevin)
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Filing 35
NOTICE of Appearance by Dennis S. Harms on behalf of Wexford Health Sources, Inc. (Harms, Dennis)
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Filing 37
Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 3:20-cv-969-JPG. (kls3)
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Filing 34
NOTICE FROM CLERK Instructing Plaintiff and Defendant to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff and Defendant on 9/22/2020. Consent due by 10/13/2020 (jaj)
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Filing 33
NOTICE of Appearance by Joel Flaxman on behalf of Aaron Murphy (Flaxman, Joel)
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Filing 32
Case transferred in from District of Illinois Northern; Case Number 1:19-cv-07788. Original file certified copy of transfer order and docket sheet received.
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Filing 31
TRANSFERRED to the Southern District of Illinois the electronic record.(nsf, ) [Transferred from Illinois Northern on 9/22/2020.]
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***Civil Case Terminated. (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 30
ORDER Signed by the Honorable John Robert Blakey on 9/21/2020. Mailed notice(gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 29
MINUTE entry before the Honorable John Robert Blakey:For the reasons stated in the accompanying Order, this Court grants in part Wexford's motion to dismiss or, in the alternative, to transfer venue #10 because venue is improper as to Wexford in this district, and finds that the interests of justice warrant transferring this case to the Southern District of Illinois. This Court denies the remainder of Wexford's motion to dismiss #10 as moot. The Clerk is directed to transfer this case forthwith to the United States District Court for the Southern District of Illinois. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 28
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. (Clerk7, Docket) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 27
MINUTE entry before the Honorable John Robert Blakey: The 6/17/20 motion hearing is stricken. The Court will rule on the pending motion to dismiss #10 in due course and set additional case management dates as needed in a future order. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 26
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. (docket8, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 25
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. (docket7, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 24
MINUTE entry before the Honorable John Robert Blakey: Pursuant to Second Amended General Order 20-0012, the motion hearing previously set for 4/21/2020 is reset for 6/17/20 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 23
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. (docket3, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 22
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, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 21
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing previously scheduled for 3/5/20 is hereby stricken and rescheduled for 4/21/20 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 20
MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to reset motion hearing is granted. Motion hearing previously set for 3/4/2020 is reset for 3/5/2020 at 1:00 p.m. in Courtroom 1203. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 19
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing previously scheduled for 2/5/20 is hereby stricken and rescheduled for 3/4/20 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 18
REPLY by Wexford Health Sources, Inc. to response to motion, #17 (Attachments: #1 Exhibit 1)(Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 17
RESPONSE by Aaron Murphy to MOTION by Defendant Wexford Health Sources, Inc. to dismiss For Venue and as Duplicative #10 (Attachments: #1 Exhibit 1 Order granting summary judgment, #2 Exhibit 2 Transcript of ruling declining supplemental jurisdiction, #3 Exhibit 3 Scheduling order, #4 Exhibit 4 Proposed pretrial order, #5 Exhibit 5 Illinois DPR license, Dr. Shah, #6 Exhibit 6 Illinois DFPR license, Nurse Rice)(Flaxman, Kenneth) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 16
MINUTE entry before the Honorable John Robert Blakey:Motion hearing held on 1/8/2020. Defendant's motion to dismiss #10 is briefed as follows: response shall be filed on or before 1/10/2020; reply shall be filed on or before 1/24/2020; motion hearing set for 2/5/2020 at 9:45 a.m. in Courtroom 1203. Oral agreed motion to stay local rule regarding local counsel requirement is granted through and including the next hearing. Status hearing set for 1/29/2020 is stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 15
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, motion hearing previously set for 1/9/2020 is reset for 1/8/2020 at 9:45 a.m. in Courtroom 1203. Plaintiff shall be prepared to make an election regarding Defendant's motion to dismiss #10 , at the next hearing. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 14
STATUS Report [Joint Initial Status Report pursuant to Court's Order (Doc 6)] by Wexford Health Sources, Inc. (Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 13
NOTICE of Motion by Kevin Kohei-uchida Peek for presentment of motion to dismiss #10 before Honorable John Robert Blakey on 1/9/2020 at 09:45 AM. (Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 12
ATTORNEY Appearance for Defendant Wexford Health Sources, Inc. by Dennis Stephen Harms (Harms, Dennis) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 11
MEMORANDUM by Wexford Health Sources, Inc. in support of motion to dismiss #10 For Venue and as Duplicative (Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 10
MOTION by Defendant Wexford Health Sources, Inc. to dismiss For Venue and as Duplicative (Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 9
ATTORNEY Appearance for Defendant Wexford Health Sources, Inc. by Kevin Kohei-uchida Peek (Peek, Kevin) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 8
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, status hearing set for 1/9/2020 is reset for 1/29/2020 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 7
SUMMONS returned executed as to Wexford Health Sources, Inc. on 12/03/2019, answer due 12/24/2019 (Flaxman, Kenneth) Modified on 12/9/2019 (mc, ). [Transferred from Illinois Northern on 9/22/2020.]
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Filing 6
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 1/9/2020 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 12/30/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 5
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (tg, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 4
ATTORNEY Appearance for Plaintiff Aaron Murphy by Joel A. Flaxman (Flaxman, Joel) [Transferred from Illinois Northern on 9/22/2020.]
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (lw, ) [Transferred from Illinois Northern on 9/22/2020.]
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SUMMONS Issued as to Defendant Wexford Health Sources, Inc. (axc, ) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 3
ATTORNEY Appearance for Plaintiff Aaron Murphy by Kenneth N Flaxman (Flaxman, Kenneth) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 2
CIVIL Cover Sheet (Flaxman, Kenneth) [Transferred from Illinois Northern on 9/22/2020.]
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Filing 1
COMPLAINT filed by Aaron Murphy; Jury Demand. Filing fee $ 400, receipt number 0752-16476397.(Flaxman, Kenneth) [Transferred from Illinois Northern on 9/22/2020.]
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