Clark et al v. Pritzker et al
| Shelby Turner, Rico Clark and Nathanial Fleming |
| Wexford Health Sources, Inc., J. B. Pritzker, John Doe 1, Rob Jeffreys, Hinton and Warden Willis |
| 3:2020cv01133 |
| October 28, 2020 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #49 Motion for Extension of Time to Answer. Answer to the Complaint shall be filed by Defendants Pritzker, Wills, Jeffreys, and Hinton on or before February 18, 2021. Signed by Judge Stephen P. McGlynn on 12/22/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
MOTION to Seperate Plaintiffs by Rico Clark, Shelby Turner. (jaj)
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Filing 49
MOTION for Extension of Time to File Answer re #1 Complaint by Hinton, Rob Jeffreys, J. B. Pritzker, Warden Willis. (Barnett, Tara)
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Filing 48
MOTION for Reconsideration re #7 Order for Service of Process - Prisoner by Shelby Turner. (jaj)
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Filing 47
MOTION for Reconsideration re 37 Terminate Motions by Rico Clark, Shelby Turner. (jaj)
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Filing 46
ORDER granting #45 Motion to Withdraw as Attorney. The request for Attorney Carla Tolbert to be removed as counsel of record in this case is GRANTED. Defendants Pritzker, Jeffreys, Wills, and Hinton will continue to be represented by Attorney Tara Marie Barnett. Attorney Carla G. Tolbert terminated. Signed by Judge Stephen P. McGlynn on 12/16/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 45
MOTION to Withdraw as Attorney by Hinton, Rob Jeffreys, J. B. Pritzker, Warden Willis. (Tolbert, Carla)
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Set/Reset Deadlines: Filing Fee due on or before 1/19/2021, per Order at Doc. 44. (kls3)
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Filing 44
ORDER: Plaintiff Fleming has filed a letter with the Court requesting to proceed in this action. The request is GRANTED. (Doc. #40 ). He has also filed a motion requesting additional time to pay the filing fee. (Doc. #43 ). This request is also GRANTED, and Plaintiff Fleming will be given an additional 30 days to pay the filing fee. Fleming shall pay the $400 filing fee no later than January 19, 2021. Failure to comply with this Order will result in dismissal of Plaintiff Fleming from this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Signed by Judge Stephen P. McGlynn on 12/11/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 43
MOTION for Extension of Time to pay Filing Fee by Nathanial Fleming. (jaj)
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Filing 42
NOTICE of Appearance by Tara Marie Barnett on behalf of Hinton, Rob Jeffreys, J. B. Pritzker, Warden Willis (Barnett, Tara)
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Filing 41
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Schuering, Anthony)
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Filing 40
MOTION (Letter) to Proceed Jointly by Nathanial Fleming. (jaj)
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Filing 39
NOTICE of Appearance by Dylan P. Grady on behalf of Wexford Health Sources, Inc. (Grady, Dylan)
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Filing 38
NOTICE OF MODIFICATION re 37 Order. Order entered on 12/2/2020 and signed by Judge Stephen P. McGlynn was inadvertently docketed without a document number assigned. Document number 37 has been assigned. This notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadlines: Plaintiffs to advise the Court in writing by 12/22/2020 whether they wish to proceed in this group action or in a separate law suit. Set Deadlines as to #2 MOTION for Preliminary Injunction. Replies due by 12/30/2020. (kek)
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Filing 37
ORDER: The Clerk of Court is DIRECTED to STRIKE Docs. #35 and #36 for noncompliance with Rule 11(a). Each Plaintiff is ORDERED to advise the Court in writing by December 22, 2020, whether he wishes to continue as a Plaintiff in this group action or pursue his claims individually in a separate lawsuit. Should Plaintiffs Clark, Turner, or Fleming fail to respond to this Order in writing by December 22, 2020, that Plaintiff will be dismissed from this action for want of prosecution and for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiff Fleming shall pay the $400.00 filing fee no later than December 18, 2020. Failure to do so will result in dismissal of Plaintiff Fleming from this action for failure to comply with a court order. Plaintiffs are GRANTED an extension of time to file replies to the Responses in Opposition (Docs. #26 , #29 ). Reply briefs are due no later than December 30, 2020. Signed by Judge Stephen P. McGlynn on 12/2/2020. (jrj)
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Filing 36
STRICKEN - MOTION for Plaintiff's to Continue to be Allowed to be Joined Until After They Reply to Motion from Defendants by Rico Clark, Nathanial Fleming, Shelby Turner. (Document not signed by Fleming) (amv) Modified on 12/3/2020 (kek).
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Filing 35
STRICKEN - MOTION for Reconsideration re #7 Order by Rico Clark, Nathanial Fleming, Shelby Turner. (Document not signed by Plaintiff Fleming) (amv) Modified on 12/3/2020 (kek).
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Filing 34
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv)
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Filing 32
NOTICE of Appearance by Carla G. Tolbert on behalf of J. B. Pritzker (Tolbert, Carla)
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Filing 31
ORDER DENYING Plaintiff Nathaniel Fleming's motion to proceed in forma pauperis (Doc. #24 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. Section 1915(a)(1). The Court is not satisfied from Fleming's affidavit that he is indigent. Plaintiff Fleming's trust fund account balance as of October 21, 2020 was $526.73 (Doc. #24 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #24 ). Plaintiff shall pay the $400.00 filing fee no later than December 18, 2020. Failure to comply with this Order will result in dismissal of Plaintiff Fleming from this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Signed by Judge Stephen P. McGlynn on 11/18/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 30
NOTICE FROM CLERK Instructing Wexford Health Sources, Inc. 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 Wexford Health Sources, Inc. on 11/18/2020. Consent due by 12/9/2020 (kls3)
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Action due by 12/18/2020, per Order at Doc. 31. (kls3)
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Filing 29
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Wexford Health Sources, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Ramage, Andrew)
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Filing 28
NOTICE of Appearance by Andrew M. Ramage on behalf of Wexford Health Sources, Inc. (Ramage, Andrew)
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Filing 27
NOTICE of Appearance by Anthony Daniel Schuering on behalf of Wexford Health Sources, Inc. (Schuering, Anthony)
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Filing 26
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Hinton, Rob Jeffreys, Warden Willis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tolbert, Carla)
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Filing fee received as to Shelby Turner $ 400.00, receipt number 34625105103 (ack)
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Filing fee received as to Rico Clark $ 400.00, receipt number 34625105102 (ack)
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Filing 25
ORDER striking #21 Motion for Extension of Time. Plaintiffs were previously advised of the potential negative consequences of joining in group litigation. They were warned that any motion filed on behalf of multiple plaintiffs must be signed by each plaintiff and that group motions that do not comply with this requirement would be stricken. (Doc. #7 , p. 17) (citing Fed. R. Civ. P. 11(a)). Plaintiff Shelby Turner is the only party to sign the Motion for Extension of Time filed on behalf of all three plaintiffs, and thus, it does not comply with Rule 11. Therefore, the Clerk of Court is DIRECTED to STRIKE the #21 Motion for Extension of Time from the docket. Signed by Judge Stephen P. McGlynn on 11/16/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
MOTION for Leave to Proceed in forma pauperis by Nathanial Fleming. (jaj)
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Filing 23
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)
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Filing 22
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 21
STRICKEN per Order at Doc. 25. MOTION for Extension of Time by Shelby Turner. (jaj) Modified on 11/17/2020 (kls3).
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Filing 20
ORDER granting #19 Motion for Protective Order. Signed by Judge Stephen P. McGlynn on 11/10/2020. (jrj)
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Filing 19
MOTION for Protective Order by Hinton, Rob Jeffreys, Warden Willis. (Tolbert, Carla)
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Filing 18
NOTICE of Appearance by Carla G. Tolbert on behalf of Hinton (Tolbert, Carla)
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Filing 17
WAIVER OF SERVICE Returned Executed Hinton waiver sent on 11/3/2020, answer due 1/4/2021. (tjk)
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Filing 16
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 15
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 13
NOTICE of Appearance by Carla G. Tolbert on behalf of Rob Jeffreys, Warden Willis (Tolbert, Carla)
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Filing 12
WAIVER OF SERVICE Returned Executed Rob Jeffreys waiver sent on 11/3/2020, answer due 1/4/2021. (tjk)
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Filing 11
Waiver of Service Returned Unexecuted as to Hinton.(tjk)
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Filing 10
WAIVER OF SERVICE Returned Executed Warden Willis waiver sent on 11/3/2020, answer due 1/4/2021. (tjk)
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Filing 9
WAIVER OF SERVICE Returned Executed Wexford Health Sources, Inc. waiver sent on 11/3/2020, answer due 1/4/2021. (tjk)
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Filing 8
REQUEST FOR WAIVER of Service sent to Pritzker, Jeffreys, Willis, Wexford, and Hinton on 11/3/2020. Waiver of Service due by 12/3/2020. (tjk)
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Action due by 11/30/2020, per Order at Doc. 7. (kls3)
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Filing 7
ORDER: The Complaint survives screening pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Pritzker, Jeffreys, Willis, Wexford, Hinton, and John Doe (once identified) in accordance with this Order. The #3 Motion for Appointment of Counsel and the #4 Motion for Class Certification are DENIED without prejudice. The Court DEFERS ruling on the #2 Motion for Preliminary Injunction. Defendants are ORDERED to respond to the request for a preliminary inunction within 14 days of service of the pleadings. Each Plaintiff is ORDERED to advise the Court in writing whether he wishes to continue as a Plaintiff in this group action and pay the $400 filing fee or file a motion for leave to proceed IFP by November 30, 2020. Signed by Judge Stephen P. McGlynn on 11/2/2020. (jrj)
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Filing 6
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-1133-SPM. 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 Stephen P. McGlynn on 10/28/2020. (jaj)
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Filing 5
NOTICE FROM CLERK Instructing Plaintiffs 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 Plaintiffs on 10/28/2020. Consent due by 11/18/2020 (jaj)
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Filing 4
MOTION to Certify Class by Rico Clark, Nathanial Fleming, Shelby Turner. (jaj)
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Filing 3
MOTION to Appoint Counsel by Rico Clark, Nathanial Fleming, Shelby Turner. (jaj)
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Filing 2
MOTION for Preliminary Injunction by Rico Clark, Nathanial Fleming, Shelby Turner. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Shelby Turner, Rico Clark, Nathanial Fleming. (Attachments: #1 Cover Page)(jaj)
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