Medina v. Wexford Health Source Inc. et al
| Nestor Medina |
| Ashley Darnell, Jennifer A Chacon, Ms. Mary, Dr. Vipin K. Shah, Dr. Pittman, Thomann, Paula Lahey, Felicia Adkins, Luking, Latoya Hughes, Dr J Ek, Ms. Cunningham and M. Wise |
| 3:2024cv01532 |
| June 20, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Defendant |
Docket Report
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This docket was last retrieved on January 30, 2026. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: Plaintiff's Motion for an Extension (Doc. 50) is GRANTED. Plaintiff seeks an extra 20 days to file a reply to Defendants' response (Doc. 47) to his motion for a preliminary injunction (Doc. 2). Reply briefs are strongly disfavored, and under Local Rule 7.1(a)(4) they must be limited to five pages. Here, Plaintiff claims that the response contains false information which he intends to counteract with his reply. Plaintiff shall have until September 4, 2024, to file a reply brief of no more than five pages. Signed by Judge Stephen P. McGlynn on 8/14/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
MOTION for Extension of Time to File Reply as to #47 Response, by Nestor Medina. (adh)
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Filing 49
WAIVER OF SERVICE Returned Executed Luking waiver sent on 7/26/2024, answer due 9/24/2024. (mamo)
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Filing 48
WAIVER OF SERVICE Returned Executed by Luking. Luking waiver sent on 7/2/2024, answer due 9/3/2024. (Dugan, Timothy)
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Filing 47
RESPONSE in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Felicia Adkins, Jennifer A Chacon, Ms. Cunningham, Latoya Hughes, Paula Lahey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Collum, Christopher)
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Filing 46
RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Ashley Darnell, J Ek, Ms. Mary, Thomann. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dugan, Timothy)
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Set/Reset Deadlines as to Responses due by 8/8/2024 (djw)
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Filing 45
ORDER: The motions for extension of time are GRANTED. (Doc. #43 , #44 ). Defendants shall file their responses to the request for preliminary injunction on or before August 8, 2024. Signed by Judge Stephen P. McGlynn on 7/30/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 44
MOTION to Join Co-Defendant's Motion for Extension of Time by Felicia Adkins, Jennifer A Chacon, Ms. Cunningham, Latoya Hughes, Paula Lahey. (Collum, Christopher)
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Filing 43
MOTION for Extension of Time by Ashley Darnell, J Ek, Ms. Mary, Thomann. (Dugan, Timothy)
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Filing 42
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (mamo)
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Filing 41
WAIVER OF SERVICE Returned Executed M. Wise waiver sent on 7/11/2024, answer due 9/9/2024. (mamo)
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Filing 40
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Collum, Christopher)
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Filing 39
NOTICE of Appearance by Christopher Collum on behalf of Ms. Cunningham (Collum, Christopher)
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Filing 38
ORDER denying #33 Motion for Protective Order. The Court previously entered a HIPAA Qualified Protective Order on July 2, 2024. (Doc. #8 ). Accordingly, the Motion is DENIED as moot. Signed by Judge Stephen P. McGlynn on 7/26/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 37
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #34 Consent/Non-Consent to US Magistrate Judge. Stricken by Attorney request. (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 36
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dugan, Timothy)
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Filing 35
WAIVER OF SERVICE Returned Executed Vipin K. Shah waiver sent on 7/11/2024, answer due 9/9/2024. (mamo)
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Filing 34
STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dugan, Timothy) Modified on 7/26/2024 (jdc).
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Filing 33
MOTION for Protective Order by Ashley Darnell, J Ek, Ms. Mary, Thomann. (Dugan, Timothy)
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Filing 32
DEMAND for Trial by Jury by Ashley Darnell, J Ek, Ms. Mary, Thomann. (Dugan, Timothy)
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Filing 31
NOTICE of Appearance by Timothy P. Dugan on behalf of Ashley Darnell, J Ek, Ms. Mary, Thomann (Dugan, Timothy)
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Filing 30
REQUEST FOR WAIVER of Service sent to Defendants Thomann, Luking, Wise, Shah, and Pittman on 7/26/2024. Waiver of Service due by 8/26/2024. (mamo)
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Filing 29
WAIVER OF SERVICE Returned Executed Ms. Cunningham waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 28
ORDER granting #26 Motion for Extension of Time. Defendants shall file a response to the Motion for a Preliminary Injunction on or before July 30, 2024. Signed by Judge Stephen P. McGlynn on 7/17/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
Letter from Nestor Medina stating filing fees have been sent (clw)
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Filing fee: $ 405.00, receipt number 10358 (clw)
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Filing 26
MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order by Felicia Adkins, Jennifer A Chacon, Latoya Hughes, Paula Lahey. (Collum, Christopher)
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Filing 25
REQUEST FOR WAIVER of Service sent to Defendants Wise, Pittman and Shah on 7/11/2024. Waiver of Service due by 8/12/2024. (mamo)
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Filing 24
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Collum, Christopher)
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Filing 23
NOTICE of Appearance by Christopher Collum on behalf of Jennifer A Chacon (Collum, Christopher)
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Filing 22
NOTICE FROM CLERK Instructing Felicia Adkins, Latoya Hughes, and Paula Lahey to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, 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 Felicia Adkins, Latoya Hughes, and Paula Lahey on 07/08/2024. Consent due by 7/29/2024 (djw)
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Filing 21
NOTICE of Appearance by Christopher Collum on behalf of Felicia Adkins, Latoya Hughes, Paula Lahey (Collum, Christopher)
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Filing 20
WAIVER OF SERVICE Returned Executed Felicia Adkins waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 19
WAIVER OF SERVICE Returned Executed Paula Lahey waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 18
WAIVER OF SERVICE Returned Executed J Ek waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 17
WAIVER OF SERVICE Returned Executed Ashley Darnell waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 16
WAIVER OF SERVICE Returned Executed Ms. Mary waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 15
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 14
WAIVER OF SERVICE Returned Executed Thomann waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 13
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (mamo)
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Filing 12
WAIVER OF SERVICE Returned Executed Jennifer A Chacon waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 11
WAIVER OF SERVICE Returned Executed Latoya Hughes waiver sent on 7/2/2024, answer due 9/3/2024. (mamo)
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Filing 10
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Medina's affidavit that he is indigent. Plaintiff's trust fund account balance as of June 10, 2024 was $1,973.72 (Doc. #3 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #3 ). Plaintiff shall pay the $405.00 filing fee no later than August 1, 2024. Failure to comply with this Order will result in dismissal of 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 7/2/2024. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
REQUEST FOR WAIVER of Service sent to Pittman, Shah, Wise, Luking, Thomann, Cunningham, Hughes, Adkins, EK, Chacon, Lahey, Mary, and Darnell on 07/02/2024. Waiver of Service due by 8/1/2024. (mamo)
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Filing 8
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 7/2/2024. (jaj)
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Filing 7
ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Pittman, Shah, Wise, Luking, Thomann, Cunningham, Hughes, Adkins, EK, Chacon, Lahey, Mary, and Darnell in accordance with this Order. All claims against Wexford, Brookhart, and Jane Does 1 and 2 are DISMISSED without prejudice, and the Clerk shall TERMINATE them as parties on the docket. The Clerk is further DIRECTED to enter the standard qualified protective order pursuant to HIPAA. The Court DENIES Plaintiff's request for a TRO and DEFERS ruling on the request for a preliminary injunction. (Doc. #2 ). Defendants are DIRECTED to respond to the request for a preliminary injunction within 14 days of service. The #4 MOTION for Recruitment of Counsel is DENIED. Signed by Judge Stephen P. McGlynn on 7/1/2024. (jrj)
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Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 24-1532-SPM. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, 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. 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 fourteen 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 6/20/2024. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE FROM CLERK Instructing Plaintiff 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 on 6/20/2024. Consent due by 7/11/2024 (jaj)
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Filing 4
MOTION for Recruitment of Counsel by Nestor Medina. (jaj)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Nestor Medina. (jaj)
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Filing 2
MOTION for Temporary Restraining Order and/or Preliminary Injunction by Nestor Medina. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Nestor Medina. (Attachments: #1 part 2)(jaj)
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