Clark v. Wexford Indiana LLC et al
| Ian Clark and Ian J Clark |
| Dan Lunde, Wexford Indiana LLC, Dr Nancy Marthakis, Carl Kuenzl MD and Dianne Thews |
| 3:2018cv00944 |
| November 19, 2018 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on January 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 38 Letter from Ian Clark to Judge Simon (Attachments: #1 Exhibits, #2 Envelope) (nae) |
Filing 37
STATUS REPORT ORDER The courtGRANTS the defendant until February 28, 2019, to file one summary judgment motion based on the exhaustion of administrative remedies and ORDERS defense counsel and the unrepresented plaintiff to separately prepare and file brief status reports by February 28, 2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/15/19. cc: pro se party(kjp)
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| Filing 36 NOTICE by Nancy Marthakis, Wexford Indiana LLC of Service of Interrogatories and Requests for Production (Attachments: #1 Defendants' Interrogatories, #2 Defendants' Request for Production)(Zimmerman, Jarod) |
| Filing 35 ANSWER to Complaint by Nancy Marthakis, Wexford Indiana LLC.(Zimmerman, Jarod) |
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Filing 34
ORDER DENYING #31 Motion to Appoint Counsel; DENYING #33 Motion. The clerk is DIRECTED to send Ian Clark ten (10) copies of the screening order (ECF 5) so that he can include them with a letter to ten individual attorneys asking for representation. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/14/19. (Copy mailed as directed in Order)(ksp)
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| Filing 33 MOTION to Proceed W/O Filing Additional Copies by Plaintiff Ian Clark. (rmc) |
| Filing 32 RESPONSE to Motion re #22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Nancy Marthakis, Wexford Indiana LLC. (Attachments: #1 Exhibit A - Medical Review)(Zimmerman, Jarod) |
| Filing 31 MOTION for Appointment of Counsel by Plaintiff Ian Clark. (nae) |
| Filing 30 NOTICE of Appearance by Douglass R Bitner on behalf of Nancy Marthakis, Wexford Indiana LLC (Bitner, Douglass) |
| Filing 29 Corporate Disclosure Statement by Wexford Indiana LLC. (Zimmerman, Jarod) |
| Filing 28 NOTICE of Appearance by Jarod M Zimmerman on behalf of Nancy Marthakis, Wexford Indiana LLC (Zimmerman, Jarod) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Nancy Marthakis. Nancy Marthakis waiver sent on 11/27/2018, answer due 1/28/2019. (Zimmerman, Jarod) |
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Filing 26
ORDER: The Court DENIES AS MOOT the first motion for a preliminary injunction ECF #21 , TAKES UNDER ADVISEMENT the second motion ECF #22 , DIRECTS the clerk to electronically send a copy of this order, the complaint ECF #1 , the screening order ECF #5 , the motion ECF #22 , the memorandum ECF #23 , and the Notice of a Lawsuit and Request to Waive Service of Summons forms ECF #6 to the Warden of the Indiana State Prison via the Indiana Department of Correction, ORDERS the Warden of the Indiana State Prison to immediately give those documents to Dr. Marthakis, ORDERS Dr. Marthakis to file a notice with the court acknowledging receipt of those documents by 1/7/19 and ORDERS Dr. Marthakis to respond by 1/17/19 to the motion for preliminary injunction and file report describing the neuropathy in Ian Clarks left foo t and how it is being treated. Signed by Judge Philip P Simon on 1/3/19. (Attachments: #1 ECF 1, #2 ECF 5, #3 ECF 6, #4 ECF 22, #5 ECF 23). (Copy mailed to pro se party and sent electronically as directed in Order). (nal)
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Filing 25
ORDER: The Court GRANTS the motion (ECF #19 ); LIFTS the stay; ORDERS the clerk to send a copy of this order to Douglas Bitner via CM/ECF; ORDERS Douglas Bitner, by January 8, 2019, to either enter an appearance for Wexford and Dr. Marthakis with a waiver from Dr. Marthakis OR, if all of that is not possible, file a notice explaining the identity of Joe Elsia, why he filed the Wexford waiver for him, and where Dr. Marthakis can be served by the United States Marshals Service, as necessary. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/2019. (Copy mailed as directed in Order)(rmc)
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| Filing 23 MEMORANDUM of Law in Support of #22 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #21 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Ian Clark. (nae) |
| Filing 22 MOTION for Temporary Restraining Order , and Preliminary Injunction for "Nerve Conduction Velocity" Test by Plaintiff Ian Clark. (nae) |
| Filing 21 MOTION for Temporary Restraining Order and Preliminary Injunction , Because of Retaliation by Defendant Marthakis by Plaintiff Ian Clark. (Attachments: #1 Envelope)(nae) |
| Filing 20 MEMO to the Clerk and Court re: Plaintiff does not wish to amend his complaint and asks the court to proceed with a scheduling order by Ian Clark (nae) |
| Filing 24 Letter from Ian Clark re: procedural questions (nae) |
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Filing 18
ORDER: Ian Clark is ORDERED to stop filing discovery until the court lifts the stay. After the court screens the amended complaint, the court will enter a scheduling order setting the deadlines for initiating and completing discovery. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/18/18. (Copy mailed to pro se party)(ksp)
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| Filing 19 MOTION to Rescind Previous Amendment of Prisoner Complaint re #9 Supplement by Plaintiff Ian Clark. (nae) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Wexford Indiana LLC. Wexford Indiana LLC waiver sent on 11/27/2018, answer due 1/28/2019. (Bitner, Douglass) |
| Filing 17 Plaintiffs Second REQUEST for Production of Documents by Ian Clark.(nae) |
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Filing 15
ORDER DIRECTING the clerk to put this cause number on a PrisonerComplaint (INND Rev. 8/16) form and send it to Ian Clark. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/12/18. (Copy mailed to pro se party w/blank form)(mlc)
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| Filing 14 SUPPLEMENT titled "Amendment - Clarification of Prisoner Complaint" to #1 Pro Se Complaint filed by Ian Clark. (jld) |
| Filing 13 (First Request) REQUEST for Production of Documents by Ian Clark.(jld) |
| Filing 12 Initial Filing fee: $73.00, receipt number 3021274 (rmc) |
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Filing 11
ORDER: This case is STAYED. The clerk is DIRECTED to terminate the deadlines for waiving service and to indicate the discovery request (ECF 10) was not properly served. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/5/18. (Copy mailed to pro se party)(ksp)
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| Filing 10 *** PER DE #11, NOT PROPERLY SERVED *** First REQUEST for Production of Documents by Ian Clark.(nae) Modified on 12/5/2018 to add text (ksp). |
| Filing 9 SUPPLEMENT to #1 Pro Se Complaint titled as An Amendment to Prisoner Complaint filed by Ian Clark. (nae) |
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Filing 8
ORDER Ian Clark, a prisoner without a lawyer, filed a motion aptioned, Motion for Appointment of Counsel to Pursue Habeas Corpus Proceedings. Clark asks tobe appointed counsel pursuant to 18 U.S.C. 3006A(a)(2)(B) to challenge his Life sentence. However, this is not a habeas corpus case. For these reasons, the #3 motion is DENIED. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/30/18. (Copy mailed to pro se party)(kjp)
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| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Wexford Indiana LLC. Waiver of Service due by 12/27/2018. (Attachments: #1 Complaint, #2 Order) (mlc) |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Nancy Marthakis. Waiver of Service due by 12/27/2018. (Attachments: #1 Complaint, #2 Order) (mlc) |
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Filing 5
OPINION AND ORDER re #1 Pro Se Complaint, GRANTS Ian Clark leave to proceed against Dr. Nancy Marthakis in her individual capacity for compensatory damages for discontinuing treatment for the pain in his left foot on October 25, 2018, in violation of the Eighth Amendment; GRANTS Ian Clark leave to proceed against Dr. Nancy Marthakis in her official capacity for injunctive relief to obtain medical treatment for the pain in his left foot as required by the Eighth Amendment; GRANTS Ian Clark leave to proceed against Wexford Indiana, LLC, for compensatory damages for prohibiting Nerve Conduction Velocity Tests and prescriptions of Gabapentin a/k/a Neurontin when medically necessary in violation of the Eighth Amendment; GRANTS Ian Clark leave to proceed against Wexford Indiana, LLC, for injunctive relief to obtain a Nerve Conduction Velocity Test and a prescription for Gabapentin a/k/a Neurontin if either or both are medically necessary and prescribed by a physician if required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Carl Kuenzl, MD, Dianne Thews, and Dan Lunde; DIRECTS the clerk and the United States Marshals Service, as required by 28 U.S.C. 1915(d), to issue and serve process with a copy of this order and the Complaint (ECF 1) on Dr. Nancy Marthakis at the Indiana Department of Correction and Wexford Indiana, LLC, at 9245 N. Meridian Street, Indianapolis, IN 46260; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Dr. Nancy Marthakis and Wexford Indiana, LLC, to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 11/26/18. (Copy mailed to pro se party)(mlc)
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Filing 4
ORDER GRANTING the plaintiff leave to proceed in forma pauperis (ECF #2 ). ORDERS the plaintiff, Ian Clark, IDOC # 104092, to immediately pay (and the facility having custody of him to automatically remit) $73.00 to the clerk in payment of the initial partial filing fee. ORDERS the plaintiff to pay (and the facility having custody of him to automatically remit) to the clerk 20% of the money he receives for each calendar month during which he receives $10.00 or more, until the $350.00 filing fee is paid in full. DIRECTS the clerk to create a ledger for receipt of these funds. DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Philip P Simon on 11/26/2018. (Copy mailed as directed in Order)(sct)
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| Filing 3 MOTION to Appoint Counsel by Plaintiff Ian Clark. (jld) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis accompanied by 0 copies of summons forms and 0 copies of USM-285 forms (Prisoner Trust Account Ledger attached) by Plaintiff Ian Clark. (jld) |
| Filing 1 PRO SE COMPLAINT against Carl Kuenzl MD, Dan Lunde, Nancy Marthakis, Dianne Thews, Wexford Indiana LLC, filed by Ian Clark. (Attachments: #1 Envelope)(jld) |
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