Stanton v. Wexford Medical et al
Plaintiff: Christopher A Stanton
Defendant: Dorothy Livers, Wexford Medical, Smith, Ekea, Liaw and Warden
Not Classified By Court: WESTVILLE E-FILE(Court Use Only)
Case Number: 3:2021cv00089
Filed: February 8, 2021
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2021 Opinion or Order Filing 21 MOTION to Consolidate Cases by Defendant Liaw. (Shores, Sarah)
March 5, 2021 Opinion or Order Filing 20 RESPONSE to Motion re #9 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A: Affidavit or Dr Liaw, #2 Exhibit B: Nurse Notes, #3 Exhibit C: Medical Records)(Sumcad, Samantha)
February 25, 2021 Opinion or Order Filing 19 ORDER: The Court CONSTRUES the second motion #18 as a brief in support of the pending motion seeking a preliminary injunction #9 ; and DIRECTS the clerk to edit the docket entry #18 to indicate that it is a brief in support of the first motion #9 . Signed by Chief Judge Jon E DeGuilio on 2/25/2021. (lhc)
February 24, 2021 Opinion or Order Filing 18 BRIEF in support of #9 MOTION for Preliminary Injunction by Plaintiff Christopher A Stanton. (nae) Modified on 2/25/2021 pursuant to #19 (lhc).
February 24, 2021 Opinion or Order Filing 17 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Christopher A Stanton. 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)
February 22, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Matthew J Goldsmith on behalf of Warden (Goldsmith, Matthew)
February 19, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Matthew J Goldsmith on behalf of Warden (Goldsmith, Matthew) ***FILING ERROR; ATTORNEY INSTRUCTED TO REFILE; REFILED AT #16 *** Modified on 2/22/2021 (ace). Modified on 2/22/2021 (ace).
February 19, 2021 Opinion or Order Filing 14 WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 2/12/2021, answer due 4/13/2021. (Sumcad, Samantha)
February 19, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Samantha M Sumcad on behalf of Warden (Sumcad, Samantha)
February 17, 2021 Opinion or Order Filing 12 NOTICE of Appearance by Douglass R Bitner on behalf of Liaw (Bitner, Douglass)
February 17, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Sarah J Shores on behalf of Liaw (Shores, Sarah)
February 17, 2021 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed by Liaw. Liaw waiver sent on 2/12/2021, answer due 4/13/2021. (Shores, Sarah)
February 12, 2021 Opinion or Order Filing 9 MOTION for Preliminary Injunction by Plaintiff Christopher A Stanton. (bas)
February 12, 2021 Opinion or Order Filing 8 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Liaw. Waiver of Service due by 3/15/2021. (Attachments: #1 Order, #2 Complaint) (bas)
February 12, 2021 Opinion or Order Filing 7 *DISREGARD - INCORRECT EVENT USED* NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Liaw. Waiver of Service due by 3/15/2021. (Attachments: #1 Order, #2 Complaint) (bas) Modified on 2/12/2021 (bas).
February 12, 2021 Opinion or Order Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Westville Correctional Facility Warden. Waiver of Service due by 3/15/2021. (Attachments: #1 Order, #2 Complaint) (Copy also faxed to Westville as directed) (bas) Modified on 2/12/2021 (bas).
February 12, 2021 Opinion or Order Filing 5 OPINION AND ORDER: The cour DIRECTS the clerk to add the Westville Correctional Facility Warden as an official capacity defendant; DIRECTS the clerk to separately docket the complaint as a motion for preliminary injunction; GRANTS Christopher A. Stanton leave to proceed against Dr. Liaw in his individual capacity for compensatory and punitive damages for not providing him treatment for a plainly visible, softball sized lump in his abdomen on November 24, 2020, and thereafter, in violation of the Eighth Amendment; GRANTS Christopher A. Stanton leave to proceed against the Westville Correctional Facility Warden in his official capacity for permanent injunctive relief to receive constitutionally adequate medical care for the mass in his abdomen as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Wexford Medical, Dorothy Livers, Smith, and Ekea; DIRECTS the clerk to request Waiver of Service from the Westville Correctional Facility Warden at the Indiana Department of Correction with a copy of this order and the complaint #1 , pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email the same documents to the Westville Correctional Facility Warden at the Westville Correctional Facility; DIRECTS the United States Marshals Service to serve process pursuant to 28 U.S.C. 1915(d) on the Westville Correctional Facility Warden by February 26, 2021, if an entry of appearance has not been entered by February 19, 2021; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Dr. Liaw at Wexford of Indiana, LLC, with a copy of this order and the complaint #1 , pursuant to 28 U.S.C. 1915(d); ORDERS Wexford of Indiana, LLC, to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant that does not waive service, if they have such information; ORDERS the Westville Correctional Facility Warden to respond to the preliminary injunction motion and to provide a sworn declaration or affidavit with supporting medical documentation as necessary by March 5, 2021, explaining how the mass in the abdomen of Christopher A. Stanton, IDOC # 158436, is being treated as required by the Eighth Amendment; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Dr. Liaw and the Westville Correctional Facility Warden respond to the complaint 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 Chief Judge Jon E DeGuilio on 2/12/2021. (Copy mailed to pro se party)(bas)
February 12, 2021 Opinion or Order Deadlines set per DE #5 .(bas)
February 11, 2021 Opinion or Order Filing 4 ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) filed by Christopher A Stanton. The Court WAIVES the initial partial filing fee; ORDERS the plaintiff, Christopher A. Stanton, IDOC # 158436, to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, 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 Chief Judge Jon E DeGuilio on 2/11/21. (Copy mailed as directed in Order)(ksp)
February 8, 2021 Opinion or Order Filing 3 MOTION to Appoint Counsel by Plaintiff Christopher A Stanton. (kms)
February 8, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Christopher A Stanton. (kms)
February 8, 2021 Opinion or Order Filing 1 PRO SE COMPLAINT against Ekea, Liaw, Dorothy Livers, Smith, Wexford Medical, filed by Christopher A Stanton. (Attachments: #1 Exhibit, #2 Envelope)(File stamped copy with case number sent to Stanton)(kms)

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Plaintiff: Christopher A Stanton
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Defendant: Dorothy Livers
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Defendant: Wexford Medical
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Defendant: Smith
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Defendant: Ekea
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Defendant: Liaw
Represented By: Sarah J Shores
Represented By: Douglass R Bitner
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Defendant: Warden
Represented By: Matthew J Goldsmith
Represented By: Samantha M Sumcad
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Not classified by court: WESTVILLE E-FILE(Court Use Only)
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