Counce v. Wexford Medical Services Inc et al
Albert Counce |
C Hufford and Wexford Medical Services Inc |
WESTVILLE E-FILE(Court Use Only) |
3:2020cv00072 |
January 22, 2020 |
US District Court for the Northern District of Indiana |
Michael G Gotsch |
Robert L Miller |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on March 31, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 RESPONSE to Discovery Request from Albert Counce titled as Response to Documents & Interrgoatories by Albert Counce. Related document: #18 Request for Production of Documents filed by Wexford Medical Services Inc, #17 Interrogatories Propounded filed by Wexford Medical Services Inc.(nae) |
Filing 22 RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION AS ORDERED BY THE COURT by Warden to #5 Opinion and Order,,,,,,,, Add and Terminate Parties,,,,,,, . (Attachments: #1 Exhibit A - First Notice to Stafford Class, #2 Exhibit B - First Report of Stafford Class Counsel, #3 Exhibit C - Second Report of Stafford Class Counsel, #4 Exhibit D - Declaration of Dr. Dauss)(Findley, Bryan) |
Filing 21 WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 1/28/2020, answer due 3/30/2020. (Findley, Bryan) |
Filing 20 NOTICE of Appearance by Bryan R Findley on behalf of Warden (Findley, Bryan) |
Filing 19 Initial Partial Filing fee: $ 5.86, receipt number 3024266 (nae) |
Filing 18 REQUEST for Production of Documents by Wexford Medical Services Inc.(Johnson, Rachel) |
Filing 17 INTERROGATORIES Propounded to Plaintiff, Albert Counce by Wexford Medical Services Inc.(Johnson, Rachel) |
Filing 16 ANSWER to Complaint , Jury Demand and Affirmative Defense by Wexford Medical Services Inc.(Johnson, Rachel) |
Filing 15 Copy of docket sheet to be distributed to Albert Counce #225914 as requested in Letter DE #14 . (nae) |
Filing 14 Letter from Albert Counce requesting docket sheet (docket sheet sent) (nae) |
Filing 13 RECEIPT of Waiver of Service of Summons signed by Albert Counce from Albert Counce. (nae) |
Filing 12 NOTICE of Appearance by Douglass R Bitner on behalf of Wexford Medical Services Inc (Bitner, Douglass) |
Filing 11 Corporate Disclosure Statement by Wexford Medical Services Inc identifying Corporate Parent The Bantry Group Corporation for Wexford Medical Services Inc.. (Johnson, Rachel) |
Filing 10 NOTICE of Appearance by Rachel D Johnson on behalf of Wexford Medical Services Inc (Johnson, Rachel) |
Filing 9 WAIVER OF SERVICE Returned Executed by Wexford Medical Services Inc. Wexford Medical Services Inc waiver sent on 1/28/2020, answer due 3/30/2020. (Johnson, Rachel) |
Filing 8 Copy of docket sheet to be distributed to Albert Counce #225914 as requested in DE #7 . (nae) |
Filing 7 Letter from Albert Counce requesting docket sheet (nae) |
Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden, Westville Correctional Facility and Wexford Medical Services. Waiver of Service due by 2/27/2020. (Attachments: #1 Complaint, #2 Order) (mlc) |
Filing 5 OPINION AND ORDER: The court GRANTS Albert Counce leave to proceed on a claim for money damages against Wexford Medical Services for maintaining a policy or practice of providing inadequate treatment to inmates with hepatitis C that has resulted in a violation of his rights under the Eighth Amendment; DIRECTS the clerk to add the Warden of Westville Correctional Facility as a defendant in his official capacity; GRANTS Albert Counce leave to proceed on a claim of injunctive relief against the Warden of the Westville Correctional Facility in his official capacity to obtain medical care for hepatitis C as required by the Eighth Amendment; DISMISSES Administrator Hufford; DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessarythe United States Marshals Service to serve process on) the Warden of theWestville Correctional Facility at the Indiana Department of Correction with acopy of this order and the complaint (ECF 2), pursuant to 28 U.S.C. 1915(d);DIRECTS the clerk to request Waiver of Service from (and if necessarythe United States Marshals Service to serve process on) Wexford Medical Services at Wexford of Indiana, LLC, with a copy of this order and the complaint (ECF 2), pursuant to 28 U.S.C. 1915(d); ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Wexford Medical Services and the Warden of the Westville Correctional Facility 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 Albert Counce has been granted leave to proceed in this screening order; andORDERS the Warden of the Westville Correctional Facility to file aresponse by March 10, 2020, to the request for a preliminary injunction. Signed by Judge Robert L Miller, Jr on 1/27/20. (mlc) |
Filing 4 ORDER GRANTING #3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) filed by Albert Counce. The Court WAIVES the initial partial filing fee; ORDERS the plaintiff, Albert Counce, IDOC # 225914, to pay (and the facility having custody of him to automatically remit) to the clerk of this court 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; and 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 Robert L Miller, Jr on 1/27/20. (Copy mailed as directed in Order)(ksp) |
Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Albert Counce. (nae) |
Filing 2 PRO SE COMPLAINT with Jury Demand against C Hufford, Wexford Medical Services Inc, filed by Albert Counce. (Attachments: #1 Exhibits)(nae) |
Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Albert Counce. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae) |
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